by Stephan von Petersdorff-Campen - rospatt osten pross
Where a patent has been exclusively licensed to a third party, it is this licensee who is directly prejudiced by an infringement of said patent…
Just a few years ago, the German IP profession suddenly became very, very nervous. The Regional Court of Düsseldorf had issued its first of a handful of decisions wherein the German part of a…
The German company Hewlett-Packard GmbH (hereinafter referred to as Hewlett-Packard) was granted on 31 March 1993 the European patent EP 0 309 596, entitled “pumping…
Over the last few years, Spanish Courts have struggled to resolve an avalanche of cases where the core of the discussion was the legal effects of TRIPS on the effects of the Reservation made by Spain…
We revisit this case, not this time regarding the question of what constitutes the ‘making’ of an invention as resolved by the Court of Appeal in March 2011, but with regards to the question of costs…
Preliminary injunctions in patent disputes can be a very effective weapon to fight against free riders on the one hand but are equally hurtful for defendants being at-tacked unjustifiably on the…
In a recent decision by the Danish Maritime and Commercial Court (reported in the Danish Legal Gazette as U2011.2745S), the court ruled on the issue of restitution subsequent to default in making…
This long awaited ECJ decision concerns the interpretation of the term "embryo" in the Biotech Directive (98/44/EC). According to the Court Art. 6 (2c) of the Directive excludes the patentability of…
The Court of Appeal dismissed Krka's appeal against a decision of the Oslo Court of Enforcement and Execution, which granted AstraZeneca a preliminary injunction preventing Krka from marketing its…
Can a valid European patent be declared invalid in Poland? In other words, can a computer-implemented invention for which a European patent has already been granted be refused a patent by the Polish…
