Summary judgment decisions are unusual in patent cases in the UK. The court will generally only be prepared to determine a claim for patent infringement in very clear cases which do not require oral…
With the recent decisions of the EPO Administrative Council CA/D 2/10 and CA/D 12/10 of 26 October 2010, the provisions originally intended to expedite the examination proceedings before the EPO and…
On 13 December 2007, the last amendment of the European Patent convention ("EPC") came into force. Among other aspects, the amendment introduced a new paragraph (paragraph 3) in Article 138 of the…
As many readers of this blog already know, last October the Italian Antitrust Authority (Autorità garante della concorrenza e del mercato - AGCM), following a complaint filed by Ratiopharm, started…
Germany is still busy handling its first big wave of patent troll litigation. At this stage it seems that some trolls may have underestimated the power of bulk defence.
In a case concerning mobile…
It is difficult to over-estimate the importance of expert evidence in patents cases before the English Court. In a typical trial well over half of the time will be devoted to cross-examination of…
The German Federal Court of Justice (BGH) recently further confirmed the basic tendency of bringing national case law into line with that of the European Patent Office. In the decision "Wiedergabe…
H. Lundbeck A/S (hereinafter referred to as Lundbeck) is the holder of European patent EP 0 347 066 entitled “new enantiomers and their isolation”, which designates France and was…
For many years it has been heavily disputed in Danish and Nordic legal theory, whether the doctrine of equivalents should or should not be accorded weight in the construction of the protective scope…
Interesting decision on prima facie validity of European patents in Belgian PI proceedings: the respectieve claims of the parties have to be taken into consideration to assess the consequences of an…
