The requisite of "imminence" introduced by Directive 2004/48/EC, coupled with the measures approved by the Ministry of Health to speed-up the administrative steps necessary to launch generics, has…
In a recently published decision the Swiss Federal Supreme Court clarified some particularities of the former Swiss Patent Act regarding the amendment of patent claims during prosecution proceedings…
On 13th September 2011, the German Federal Court of Justice (FCJ) rendered a decision under the keyword “Diglycidverbindung”, i.e. diglycidyl compound (case number X ZR 69/10).
The case revolved…
by Miriam Büttner
In a recent decision of 15 September 2011 (ref. no. 4b O 99/11) the District Court of Düsseldorf (LG Düsseldorf) found that a non-final decision of the utility model cancel-lation…
On 24 November 2011 the CJEU passed judgment in the cases C-322/10 (Medeva) and C-422/10 (Georgetown). In the Medeva judgment, the Court answers six questions put to it by the UK Court of Appeal and…
In its judgement of 18 October 2011, the Court of Justice of the European Union (CJEU) has confirmed that human embryonic stem cells (hESCs) do not constitute patentable subject matter, given the ban…
On 8 November 2011, in the case of Fresenius v Carefusion, the English Court of Appeal declared that “the Earth Closet order should be consigned to the place that bears its name.”
The “Earth Closet”…
As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-…
If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and…
The Court held that Pfizer's Norwegian patent for use of sildenafil (a PDE 5 inhibitor) for treatment of erectile dysfunction was inventive. Although the court did not consider it inventive to test…
