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…
The Supreme Court specifically addresses the issue of consideration of decisions issued in parallel cases before the European Patent Office or before national courts in EPC Member States and holds…
The mere filing of an application for marketing authorization of a generic drug does not constitute an infringing activity.,
although of a preparatory nature as, aAlthough it is true that the filing…
An interesting case decided by Technical Board of Appeal 3.5.5 in May 2009 strives to put an end to the (occasional) practice of some applicants and/or their European representatives of trying to…
Two weeks ago the judges of the new Swiss Federal Patent Court convened for the first time for their swearing-in and elected the vice president of the Federal Patent Court among their ranks (Mr.…
In Germany it is well established case law that in normal PI cases "urgency" is a requirement which is not fulfilled if plaintiff waits too long before initiating court proceedings (although the…
