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…
The English High Court has upheld the decision of the UK Intellectual Property Office to refuse the grant of a patent for the treatment of inflammatory bowel disease (IBD) with zinc (El-Tawil v The…
The fees of the EPO will shortly be increased by about 5%. The EPO compensates the fees for inflation each two years; the period of two years is a compromise between frequent compensation for…
Litigation and EPO Oppositions/Appeals surrounding a controlled-release dosage form of the drug oxycodone, a morphine-like opioid analgesic developed in 1918, has kept Europe's Pharma IP Lawyers busy…
In its decision "Okklusionsvorrichtung" (Aga v. Occlutech), the Federal Court of Justice (FCJ) denied patent infringement by equivalent means since the contested infringing embodiment was disclosed…
Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.IntroductionIn…
In my blog of 10 June 2011 I had reported about the decision by the Landgericht Duesseldorf "Pramipexol" (4a O 277/10) where the Court of first Instance had granted a PI based on an anonymous…
On 10 February 2012 the Spanish Court handed down a judgment where it accepted for the first time the concept of a "springboard" injunction as a remedy aimed at curing acts of infringement carried…
