The board refused to find a set of claims filed with the grounds of appeal admissible, because it concluded from the circumstances that the proprietor had deliberately refused to file these claims…
Hungarian Supreme Court's decision on conditions for granting supplementary protection certificates (SPC) under the transitional provisions of the Accession Treaty. The Supreme Court held that the…
The Federal Court of Justice (FCJ) in Germany has held in its recent “Dentalgerätesatz” decision FCJ.5.4.2011that claim 1 of EP 892 625 is novel since it claimed a new functional adaptation of…
The Commercial Court of Granada has just handed down a Decision dated 6 July 2011 which, as far as the author is aware, has admitted for the first time a post-grant claim limitation under article 138…
The Swiss Federal Supreme Court held in a recent decision that the Swiss company Teva Pharma AG had to bear the court costs and reimburse Novartis's attorneys' fees in preliminary injunction…
Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs).
Can a SPC be based on the market authorisation…
On 4 July 2011, the Civil Chamber of the Supreme Court published a judgment dated 10 May 2011 approved en banc (i.e. by the full Court) shedding light on two important points: (i) the scope of the…
In the recent case of Cephalon v Orchid [2011] EWHC 1591, the UK Court held that three patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and…
This is to report on a new tendency in the jurisdiction of the Federal Patent Court to use the prerequisite of enabling disclosure (Art. 83 EPC) as an unpredictable rule of reason for patentability.…
During EPO opposition proceedings, patentees have historically been able to avoid discussing clarity by combining granted claims rather than using the description as basis for amendments. The…
