On 23 February 2011 the Administrative Chamber of the "Audiencia Nacional" handed down an interesting judgment ordering the Administration to bear the damages caused by the erroneous price reduction…
As previously discussed, the English Court of Appeal has clearly stated its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe (Grimme Landmaschinenfabrik…
In this case the claimant filed an application for a supplementary protection certificate (SPC), however the application was refused by the Lithuanian patent office. Appeals before national courts…
by Stephan von Petersdorff-Campen
In their posts of 21 Oct. 2010 and 28 Jan. 2011, Hetti Hilge and Max v. Rospatt reported a difference of opinion between German courts on the question of whether or…
On 15 March 2011, in a dispute opposing the companies E.I Du Pont de Nemours and Merck and companies Mylan and Qualimed, the Cour d’Appel of Paris confirmed the order handed down on 12…
In a judgment dated 17 March 2011 reported at [2011] EWHC 583 (Pat), the English High Court has upheld certain claims of two patents (deriving from the same ultimate parent application) for the…
The so-called "person skilled in the art" is a fictitious character in charge of, among other functions, assessing whether or not an invention is obvious with respect to the state of the art. For the…
With a judgement of 12 February 2009 the German "Bundesgerichtshof" has dealt with the question whether defendant of a patent infringement action shall be allowed to defend against the claims raised…
By final judgment of November 18, 2010 (Xa ZR 149/07, published in Mitt. 2011, 66 (in German only)), the German Federal Court of Justice (FCJ) decided on two interesting issues in nullity appeal…
Co-author Christiaen Dekoninck.
Noteworthy decision on the balance of interests within the framework of preliminary injunction proceedings: Antwerp Court refuses to issue a preliminary injunction…
