On 11 November 2011 the IP Chamber of the Court of Rome granted the motion for preliminary injunction requested by Novartis AG and Novartis Farma S.p.A. against Mylan S.p.A. on the basis of Novartis…
by Dr. Ulrich Pross, rospatt osten pross
Sec. 522 Civil Procedure Act (CPA) provided that courts competent to hear appeals on fact (Berufungsgerichte) can and must reject an appeal (Berufung)…
The creation of a Unified Patent Litigation System seems to have a lot of political momentum these days, with one proposal following the other at fairly short intervals. This blog discusses the…
On 20 September 2011, in a patent infringement case, the French Cour de cassation issued an important decision in which, for the first time, it refers to and relies on "the principle…
When a party successfully asserted a claim for injunctive relief at court on the grounds of IP-right infringement, but the foreign defendant has no assets in Germany, the problem arises as to how the…
On 6 October 2011, Commercial Court number 5 of Barcelona handed down a judgment that has revisited the fine border between the safe territory of so-called "preparatory acts" and the prohibited…
Patentability of an invention is not excluded by the mere fact that the only feature of the patent claim not comprised in the state of the art is a dosage regime.
Click here for the full text of…
The Swedish Supreme Court held that in cases where the infringing act is the sale of infringing goods, the damage (in this case the right to reasonable compensation for use of the invention and…
The Court of Justice of the European Union in clarifying the phrase 'civil and commercial matters' in Article 1 of the Brussels I Regulation (No 44/2001) ruled that said Regulation is also applicable…
The smartphone forum wars still show no sign of abating with another application for an expedited patent revocation action before the English Court (ZTE v Ericsson [2011] EWHC 2709 (Pat)), following…
