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,…
Faced with a claim directed at a method for determining airway pressure levels, the Board isolated a step from the claim that required changing the airway pressure of an artificial ventilator to…
If a supplementary protection certificate (SPC) should have been denied (or granted with limited scope), because the six month application period following the date of first marketing approval has…
The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends…
The board refused to find a set of claims filed with the grounds of appeal admissible, because it concluded from the circumstances that the proprietor had deliberately refused to file these claims…
Hungarian Supreme Court's decision on conditions for granting supplementary protection certificates (SPC) under the transitional provisions of the Accession Treaty. The Supreme Court held that the…
The Federal Court of Justice (FCJ) in Germany has held in its recent “Dentalgerätesatz” decision FCJ.5.4.2011that claim 1 of EP 892 625 is novel since it claimed a new functional adaptation of…
