In the recent case of Schütz v Werit, the Court of Appeal examined the boundary between repair and making under the English implementation of Article 25 of the Community Patent Convention. The…
On 2 March 2011, the Court of Appeal of Barcelona (Section 15) handed down a judgment that has helped to clarify the scope of Article 125.2 of the Spanish Patent Act, which had been interpreted in…
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…
