The Patent Chambers of the Regional Court Munich headed by Judge Guntz and Judge Kaess, introduced a revised procedure to accelerate patent infringement litigation proceedings at the end of 2009.…
According to article 66.2 of the Patent Act, as amended after the implementation of the Enforcement Directive (Directive 2004/48/EC), in order to claim damages the patentee may chose (i) the negative…
In Germany, the patentee who wins his case in first instance has a strong weapon in his hands. His first instance judgment is immediately enforceable upon provision of security. The patentee can…
Certain patent attorneys (patent attorney litigators) have the right to conduct intellectual property litigation in England and Wales, being “any matter relating to the protection of any invention,…
Merck & Co. is a company governed by the laws of the United States of America and the owner of European patent EP 0 724 444, filed on 11 October 1994, which…
The Court addresses the issue of potential contradictions between features in the generic part and in the characterizing part of a patent claim and the impact on claim construction. Such…
On 20 January 2011, the Commercial Court of Ghent handed down a ruling nullifying the Belgian patent on “speculoospasta” held by biscuit manufacturer Lotus Bakeries. Speculoospasta is a bread…
Rambus and Micron have been involved in complex patent litigation in Italy since 2000. Things started when, in 2000, Rambus enforced the Italian designation of its patent EP 0525068 on SDRAM memories…
According to Article 79.3 of the 1986 Patents Act, patent rights not registered with the Patent Office may not be invoked against third parties. This article has sparked the debate as to whether a…
The District Court of The Hague revoked Glaxo's European Patent and Supplementary Protection Certificate (SPC) for an inhalable combination of fluticasone and salmeterol due to lack of inventive step…
