The Enlarged Board of Appeal answered the question referred to it by the Board of Appeal in J 2/08.
The Enlarged Board of Appeal held that after a decision to refuse a European patent application,…
In the past, Italian courts have regularly dismissed motions for interlocutory (pre trial) declaratory judgements of non infringement in IP cases. The firm belief of the courts was that interlocutory…
European patent practitioners are welcoming the news that the EPO Administrative Council reached a decision on 26 October 2010 to extend the period for responding to a communication under Rule 161…
There are three compulsory rules you must observe when challenging a judge on grounds of bias:
1) Be prepared.
2) Use good reasons.
3) Have a worthy goal.
I wish to exemplify this by a hearing I had…
In Grimme Landmaschinenfabrik GmbH v Scott [2010] EWCA Civ 1110 the English Court of Appeal stated clearly its support for judicial collaboration facilitating de facto harmonisation of patent law in…
One of the strategies used by manufacturers of generic drugs to try to capture the market of the "reference product" when the patent protecting the latter expires is to present the generic as a cheap…
The question at issue was whether a verbal preparatory agreement between the parties on a patented invention had given rise to a valid license agreement and ensuing entitlement to damages.
The…
The court held that the plaintiff who is listed as proprietor of the patent in the patent register is allowed to claim both injunctive relief and damages as well as claims to rendering accounts and…
The Appellant had obtained both utility model and patent protection for a mechanical invention. The Defendant argued that the subject matter of both rights did not fulfil the novelty requirement,…
Atanas filed a patent application for a 'Gravity Power System'. The Bulgarian Patent Office (BPO) dismissed the application because the claimed invention was not industrially applicable and therefore…
