The objection raised by the opponent that the protected subject matter of a divisional application extends beyond the content of the parent application does not represent a "fresh ground for…
The board addressed the public availability of publications on the internet, holding that direct and unambiguous access of a document should be possible in order to become state of the art. A mere…
The board clarified the non-public status of e-mail correspondence. The opponent asserted an e-mail from a third party to the opponent as part of the state of the art. It was not in dispute that both…
On 9 July 2012, Commercial Court number 2 of Barcelona dismissed a revocation action filed by two Spanish companies against patent EP 907,364, which protects a sustained-release formulation of…
The Dutch Supreme Court held that Art. 69 EPC in conjunction with art. 1 Protocol for the application of Art. 69 EPC provides a guideline for the determination of the scope of protection. Other "…
The Supreme Court held that Article 68 (3) IP Code relating to prior use, sets forth both a "quantitative" and a "qualitative" limit, in the sense that it "serves to identify the business behavior…
Regarding the gathering of evidence in French and foreign territories, the Paris Court of Appeal affirmed the appealed decision and acceded to defendant's reasoning in ruling that (i) the 'saisie-…
The French Supreme Court for the first time recognized, as a general principle of French patent law, the estoppel "according to which a person may not contradict themselves to the detriment of…
On Friday, July 20, 2012, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU "gene patenting"/BRCAI case…
With its decision of 12 July 2012, Case C-616/10 - Solvay on the interpretation of Articles 6(1), 22 (4) and 31 of Regulation (EC) No. 44/2001 (Brussels I Regulation, "BR") the European Court of…
