We revisit this case, not this time regarding the question of what constitutes the ‘making’ of an invention as resolved by the Court of Appeal in March 2011, but with regards to the question of costs…
Preliminary injunctions in patent disputes can be a very effective weapon to fight against free riders on the one hand but are equally hurtful for defendants being at-tacked unjustifiably on the…
In a recent decision by the Danish Maritime and Commercial Court (reported in the Danish Legal Gazette as U2011.2745S), the court ruled on the issue of restitution subsequent to default in making…
This long awaited ECJ decision concerns the interpretation of the term "embryo" in the Biotech Directive (98/44/EC). According to the Court Art. 6 (2c) of the Directive excludes the patentability of…
The Court of Appeal dismissed Krka's appeal against a decision of the Oslo Court of Enforcement and Execution, which granted AstraZeneca a preliminary injunction preventing Krka from marketing its…
Can a valid European patent be declared invalid in Poland? In other words, can a computer-implemented invention for which a European patent has already been granted be refused a patent by the Polish…
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…
