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…
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…
