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…
The District Court of The Hague passed judgment today in a case between Sandoz and Glaxo regarding a combination patent held by Glaxo. The judgment comprises an extensive “lecture” on the assessment…
In Germany, prior to the implementation of the “Enforcement Directive” EC/2004/48, measures to secure evidence in patent matters were difficult to realize under the law. With the Implementation Act…
At the end of last year, the English Patents Court referred yet another case to the Court of Justice of the European Union (“CJEU”) on the scope of the SPC Regulation in University of Queensland and…
On 27 October 2010 the Court of Rome issued a decision in the Janssen - Menarini v. EG case concerning the active substance nebivolol. This is one of the few reported cases on enantiomer patents in…
The Supreme Court held that if someone exports goods from Germany and it is not proven that the same person imported them into Austria, there is no infringement of patent rights in Austria, even when…
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…
