The question in dispute was whether ratiopharm's escitalopram was produced using Lundbeck's patented process The Court considered that a reversal of the burden of proof in favour of the patentee…
One of the topics hotly discussed before the Spanish Commercial Courts over the past month is whether "omnibus" claims included in patents granted under the 1929 Patent Act are enforceable after…
In a decision by the Svea Court of Appeal, a preliminary injunction granted by the Stockholm District Court against the company Niconovum AB, was lifted. The Court held that the patent of McNeil AB…
In this case the Court confirmed that an invention can be patentable only if it affects matter by its industrial application. A patentable invention must involve a material creation of a new…
In this case the Court held that a previous patent application and other scientific publications which did not disclose the invention in a manner sufficiently complete for it to be carried out by a…
In this decision the EBoA held that sexually crossing of plants is an 'essential biological process' within the meaning of Art. 53(b) EPC. Any claim that contains a step of sexually crossing…
Institut Pasteur is the holder of European patent No. 0 178 978, which relates to “Cloned DNA sequences, hybridizable with genomic RNA of lymphadenopathy-associated virus (LAV)”.…
The pan-generational failure to agree a system enabling unitary patent protection among the countries of the EPC and/or EU is well known among innovators, patent attorneys and lawyers alike.…
While the European Commission is still struggling to implement a Community Patent and a European Patent litigation system, it is worthwhile to have a look to the results the existing system is…
By way of follow up of my many posts on the “intersections” between Italian patent law and the administrative procedures aimed at the authorisation of generic drugs (e.g. here, here and here), it is…
