On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions…
An article in the well-known IP magazine GRUR last year carried the heading “Do exhibitors at trade fairs in Germany enjoy immunity from the courts?” The author came to the conclusion that this…
In recent years, the Commercial Courts of Barcelona have been called on to decide whether a claim depicting a Markush formula that did not show the stereochemistry of the compound protects only the…
On March 20, 2012, the U.S. Supreme Court issued a unanimous decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., holding that Prometheus' claims directed to methods of…
by Rüdiger Pansch for rospatt osten prossAn interesting paper comes with the case management directions of the Munich District Court after the complaint is served upon defendants. It titles “The new…
The Polish Presidency put a lot of effort into the proposed regulation on unitary patent protection, the translation arrangements, and the court system for patent litigation. However, due to the lack…
The “first-to-file” provisions of the United States "America Invents Act (AIA)" take effect on March 16, 2013. Because of other changes to the U.S. patent system, this date will be just as important…
The Court of Justice of the European Union ruled that Article 13 of the old SPC Regulation (EEC 1768/92, identical to article 13 of the "new" SPC Regulation (EC469/2009) in conjunction with Article…
The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention…
The Court of Appeal dismissed Pharmaq's claim that Intervet's patent claiming deposited virus strains and closely related strains sharing genotypic and phenotypic characteristics was invalid and that…
