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…
The Court of Appeal allowed Virgin's appeal and overturned the decision of the High Court which had granted Delta's application for summary judgment on the basis that it was wrong to say Virgin had…
The Supreme Court held that the US doctrine of file wrapper estoppel is not applicable under the EPC. According to the Court only Article 69 of the EPC and the Protocol on its interpretation should…
On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court n.4 of Barcelona, which rejected the patent owners' 'lis pendens' defence against a…
The Court held that in order to decide that a patented invention is novel, it is not sufficient that the wording in the patent description is different from the wording in the prior art. The…
The Court addresses the issue of how to deal with a feature of a patent claim that was not originally disclosed, but the deletion of which would lead to a broadening of the scope of the claim and…
The patentee (Claimant) filed a request for an interim injunction against the Defendant, ordering it to stop using the patented method, stop selling or importing Valsacor film coated tablets or any…
It has been reported by the Italian Generics Association that on 14 March 2011 the European Commission started infringement proceedings against Italy for an alleged breach of Community law related to…
