The Court of Appeal overturned a decision of the High Court and held that the act of replacing Shutz's bottles in Shutz's outer protective cages with Werit's bottles constituted ’ making’ products…
In the recent case of Merck v Teva (decision of 8 April [2011] EWCA Civ 382), the English Court of Appeal confirmed that when considering the question of inventive step in light of prior art, it did…
In countries where Judges are not trained in the technical field of the invention, they need experts to help them understand the factual aspects of the case. According to Spanish law, these experts…
Customs actions based on the EC Regulation No 1383/2003 are a very effective tool. Also patentees can file an application for border seizure with the national customs authorities to prohibit…
After the Federal Court of Justice (Bundesgerichtshof, BGH) had confirmed the validity of the German SPC for the enantiomeric escitalopram (and its underlying patent) in 2009, the Federal Patent…
In the framework of preliminary injunction proceedings instituted by AstraZeneca against the Italian subsidiary of Stada, EG S.p.A., by decision of 11 - 14 February 2011, the IP Chamber of the Court…
On 23 February 2011 the Administrative Chamber of the "Audiencia Nacional" handed down an interesting judgment ordering the Administration to bear the damages caused by the erroneous price reduction…
As previously discussed, the English Court of Appeal has clearly stated its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe (Grimme Landmaschinenfabrik…
In this case the claimant filed an application for a supplementary protection certificate (SPC), however the application was refused by the Lithuanian patent office. Appeals before national courts…
by Stephan von Petersdorff-Campen
In their posts of 21 Oct. 2010 and 28 Jan. 2011, Hetti Hilge and Max v. Rospatt reported a difference of opinion between German courts on the question of whether or…
