The German Federal Court of Justice (FCJ) issued a nullity appeal judgment on 12 July 2011 in which the requirements for an amendment to be held allowable under Art. 123(2) EPC and Sec. 38 German…
Co-author Christiaen Dekoninck
The Ghent Court of Appeal dismissed the claims of the German patent holder Grumbach and its Dutch licensee, Bollegraaf Recycling Machinery, relating to the Carbo…
The English High Court has refused to grant summary judgment to LG Electronics in relation to validity of certain patents, holding that, due to the uncertainty of the legal issue concerning the…
As is known, damages for patent infringement may be calculated using one of three calculation methods, i.e. infringer’s profit, licence analogy and lost profit.
Two recent decisions, one by the…
The case determined whether Abena A/S (hereinafter "Abena") waste bags with lace up sealing, which had a seam with curved corners in one side of the bag, infringed Etradan BS ApS´ (hereinafter "…
A supplementary protection certificate SPC granted for an enantiomer (escitalopram) cannot be declared void because a prior SPC was granted for the racemate (citalopram) when both the racemate and…
By Giovanni Gozzo and David Nilsson
The Svea Court of Appeal partially invalidated the patent of respondent Dustcontrol, insofar as claim 1 of the patent was concerned. The Court held that it could…
The proprietor of a patent who has granted an exclusive license to a third party, has the right - in case of patent infringement - to assert its own claims against the infringer if said proprietor…
"Danger of delay" is not a requirement for the issuance of an ex parte inspection order. The inspection order need not to be filed immediately after the patent owner has acquired knowledge that the…
Although plans appear to be underway to establish a centralised enforcement court for patents in Denmark, the current position is that a patentee enforcing his or her rights, must turn to the local…
