The Court of Appeal of Barcelona lifted a preliminary injunction on the grounds that 'omnibus' claims (merely a reference to the description or drawings without specifically stating any technical…
In a recent decision rendered by the Danish Supreme Court, the Court was asked to consider infringement of a patent granted for a plastic tooth pick.
Several defences were raised by the alleged…
In its judgment of 10 May 2011 (docket no X ZR 16/09), the German Federal Supreme Court (BGH) took a restrictive position as regards claim construction, literal and equivalent use of a patent's…
A movement is emerging now among the French courts to stay the proceedings in litigations relating to supplementary protection certificates (SPCs) and more precisely relating to the…
In the antitrust case initiated by the Italian Competition Authority (AGCM) last October (see my posts here and here), Pfizer have offered a number of commitments in order to settle the case and…
Co-author Christiaen Dekoninck
The Antwerp Court applied the infringement test to assess the validity of a supplementary protection certificate (SPC) covering a combination product. As a result, the…
The Milan Court revoked a patent on the second medical use of a known drug because excerpts of the protocol of the clinical trials aimed at proving efficacy of the second use had been published…
The Court of Turin held that Article 68 (1 bis) of the Italian IP Code, which was introduced by Legislative Decree 131 of 13 August 2010, establishing that ‘Without prejudice to the provision of…
Can a claim directed to a "Composition comprising A, B and C" amended into a "Composition consisting of A, B and C", i.e. a composition that only contains A, B and C and no further components? Or…
by Max v. Rospatt
In a recent decision the Landgericht Duesseldorf (4a O 277/10 – Pramipexol) issued a preliminary injunction against a generic company before the generic was listed in one of the…
