In its judgement of 18 October 2011, the Court of Justice of the European Union (CJEU) has confirmed that human embryonic stem cells (hESCs) do not constitute patentable subject matter, given the ban…
On 8 November 2011, in the case of Fresenius v Carefusion, the English Court of Appeal declared that “the Earth Closet order should be consigned to the place that bears its name.”
The “Earth Closet”…
As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-…
If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and…
The Court held that Pfizer's Norwegian patent for use of sildenafil (a PDE 5 inhibitor) for treatment of erectile dysfunction was inventive. Although the court did not consider it inventive to test…
The Supreme Administrative Court –overruled the Patent Office (PO) denying AstraZeneca’s application for a supplementary protection certificate (SPC), because the PO should have applied § 77(2) –…
In a judgment handed down on 11 November 2011, the Spanish Supreme Court has rejected an appeal filed by four Spanish pharmaceutical companies against a judgment from the Court of Appeal of Barcelona…
On 11 November 2011 the IP Chamber of the Court of Rome granted the motion for preliminary injunction requested by Novartis AG and Novartis Farma S.p.A. against Mylan S.p.A. on the basis of Novartis…
by Dr. Ulrich Pross, rospatt osten pross
Sec. 522 Civil Procedure Act (CPA) provided that courts competent to hear appeals on fact (Berufungsgerichte) can and must reject an appeal (Berufung)…
The creation of a Unified Patent Litigation System seems to have a lot of political momentum these days, with one proposal following the other at fairly short intervals. This blog discusses the…
