The Enlarged Board confirmed that a Technical Board of Appeal may refuse a request that is filed with the grounds of opposition if – upon request by the opposition division – the applicant has…
The recent judgment from the ECJ of 24 November 2011 in case C-322/10 ("Medeva") has surprised the patent community, since the ECJ appears to have changed the view expressed in its judgment of 16…
The English High Court has recently ruled on the appropriateness of staying validity and infringement proceedings pending a Technical Board of Appeal (“TBA”) decision of the European Patent Office (“…
As stated already in one my earlier posts (here), Legislative Decree no. 131/2010 has introduced a new procedural tool in the Italian IP litigation scenario. New Art. 128 of the Italian IP Code now…
In two decisions of May and September 2011 the Appeal Court Düsseldorf had to comment on various issues concerning the accounting and determination of patent infringer's profit. In the decision of…
As per January 1, 2012 the Swiss Federal Patent Court became effective.
The Federal Patent Court is exclusively competent for:
a. validity and infringement disputes and actions for issuing a license…
Among many other tasks, the Danish Government when taking over the EU Presidency as of 1 January took over the continued challenges (and problems) in connection with securing a compromise that may…
The general rule in UK litigation is that the successful party is entitled to its costs. One exception to this rule, peculiar to patent cases, is a so-called 'Earth Closet' order. If an alleged…
The Court of Justice clarified the requirements for grant of an SPC under Articles 3(a) and 3(b) of the SPC Regulation. According to the Court, on the basis of Article 3(a) an SPC cannot be granted…
On 8 December 2011, the presiding judge of the Tribunal de Grande Instance of Paris has rendered an order in the context of the worldwide battle between Samsung and Apple.
Samsung…
