The German Patent Act (sec. 145) provides for a special limitation of further actions on account of the same or similar act based on different patents. Such actions shall only be admissible if the…
On 10 March, the Court of Justice of the European Union (“CJEU”) issued its long-awaited opinion on the patentability of human embryonic stem cells in Brüstle v Greenpeace C-34/10.
Biotechnological…
Daiichi Sankyo (hereinafter referred to as "Daiichi") was the holder, for a drug whose active principle was pravastatine, of a supplementary protection certificate (SPC) granted on 26 August…
As reported in teh blog on 9 March, 2011, ratiopharm has managed on appeal to the High Court to overturn the first instance decision to grant a PI against ratiopharm which had initiated its own…
On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court number 4 of Barcelona, which had rejected a "lis pendens" defence pleaded by the owner…
While in the past the German courts generally presumed that exposing a product on a trade fair constituted an infringing offer and, hence, a danger of repetition, the District Court of Mannheim…
As we all know, with its opinion of 8 March 2011, the European Court of Justice (ECJ) opined that the envisaged Unified Patent Litigation System (UPLS) is not compatible with the law of the European…
In a judgment issued on September 28, 2010, the Court of First Instance of Paris held that a dosage regime is effectively a method of treatment and is, as such, excluded from patentability in view of…
The company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group of antihypertensive…
If a party decides to participate in another party's challenge to a patent so it may share in the benefits of a victory, it may well be ordered to share the costs burden of losing. Actavis was…
