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…
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,…
