This decision deals with the scope of the obligation of a plaintiff to concentrate actions in one case if these are directed against the same defendant regarding the same infringing device, but based…
In case of actual or potential discrepancies between claim language and the patent description which might allow a broader interpretation the Supreme Court confirms that the claim may not be…
The book ‘The Granting of European Patents’ by M. van Empel has recently been added to the (subscription) website kluwerpatentlaw.com. The book was published in 1975, was out of print within a few…
T 777/08: When is a Polymorph Inventive?
by Matthias Wolf and Alexander Dehner
We report on the recent decision T 777/08 of the Boards of Appeal of the EPO dated May 24, 2011, relating to the issue…
Italy has recently filed a complaint with the Court of Justice against Council’s decision of 10 March 2011 no. 167 authorising enhanced cooperation under Art. 20 TEU in the area of the creation of…
In its 2006 decision in the matter called GAT/LuK the ECJ held that Article 22-4 of the Brussels Regulation – which provides for exclusive national jurisdiction regarding the validity of patents and…
One of the possible courses of action open to patentees when they suspect that a competitor may be preparing the launch of a product that may infringe a patent in force is to send a warning letter.…
The UK Court held that three of Cephalon's patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and were invalid for lack of inventive step.…
The Court of Appeal discusses and builds on its previous case law on patentability regarding the issue of whether the subject matter is considered a technical invention. The Court emphasizes that it…
The Antwerp Court of Appeal dismissed the claims of the Spanish pharmaceutical company Almirall against Teva Pharma Belgium (Teva) relating to the generic ebastin. It confirmed the decision of the…
