According to the so-called “Duesseldorfer Besichtigungspraxis” (Duesseldorf inspection practice), a patent owner who establishes a prevailing likelihood of infringement may secure evidence by…
The amendments of the Italian IP Code introduced by Legislative Decree no. 131 of 13 August 2010 are many and I tend to believe that there is no Italian IP lawyer who is sure to have already counted…
It is trite that in most jurisdictions, the grant of a patent is only a negative right, in that it does not give the patentee the right to work the invention, merely to prevent others from doing so…
In decision G2/08, available on the EPO website, the Enlarged Board of Appeal provides a problem in relation to the Swiss type claims. It announces the abolition of the use of these claims in point 7…
EC Directive 2004/48 (known as the "Enforcement Directive") was implemented in Spain through Law 19/2006, which sought to harmonise, among other aspects, the criteria to establish damages in legal…
When challenging the validity of a patent, a decision needs to be made early on as to grounds on which to rely. When it comes to allegations of anticipation and obviousness, the challenger and its…
A recent appeal decision from the Danish High Court (Eastern Division) concerns the issue of whether an application for an interlocutory injunction should be granted on an ex parte basis.
The case…
Along with a number of other relevant innovations to the Italian IP Code, last August the Italian legislator eventually passed the long awaited implementation into Italian law of Directive 44/1998/EC…
In this blog I report about how the Bundesgerichtshof (BGH) has recently eliminated some potential for conflicting decisions in Germany's bifurcated patent litigation system.
The separation of…
The last year has kept some Spanish Courts busy with a debate that already caught the attention of English Courts at the beginning of the XX century, that is, whether "omnibus" claims are enforceable…
