by Stephan von Petersdorff-Campen
In my post of 28 April 2011, I reported that the Düsseldorf Appellate Court (Oberlan-desgericht) does not require urgency for inspection orders, whereas urgency is…
To stay, or not to stay, that is the question. But not in the recent Danisco v. Novozymes case before the District Court of The Hague. On the face of the Court’s decision of 22 June 2011, the…
After years of not having handed down judgments in patent cases, in recent months the Supreme Court has handed down several interesting judgments which will hopefully give more guidance to lower…
In this blog, we reported earlier about a new nullity action initiated in 2010 against the German supplementary protection certificate (SPC) for enantiomeric escitalopram and the judgment of the…
A method claim comprising a step of "providing a donor flow channel for conveying fluid to and from a donor" was found to be excluded from patentability as treatment by surgery and therapy. The Board…
This blog relates to the decision "Lungenfunktionsmessgerät" (lung function analyser) by the Higher Regional Court (Oberlandesgericht) of Duesseldorf (judgement of 24 February 2011, docket no. I-2 U…
Since 2009, French law has allowed patentees to voluntarily limit their granted patent claims. This possibility, which has existed for a long time in a number of European countries, (e.g. Austria,…
Faced with a claim directed at a method for determining airway pressure levels, the Board isolated a step from the claim that required changing the airway pressure of an artificial ventilator to…
If a supplementary protection certificate (SPC) should have been denied (or granted with limited scope), because the six month application period following the date of first marketing approval has…
The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends…
