One of the topics that have kept our Courts busy over the last few years relates to which test should be applied to judge "equivalence". Whereas the U.S.'s "same function-same way-same result" test…
In this case the patentee (Meyn) was granted a patent (EP 0 530 868) on a device to clean out the intestines of poultry during slaughtering. The enforcement court in Denmark granted an injunction…
By decision of 9 June 2010, the Italian Supreme Court tackled the issue of patent exhaustion in a manner which may give rise to some debate. The case concerned a claim of infringement brought by…
The Court of Justice of the European Union (“CJEU”) has been asked to consider whether the draft agreement for the proposed European Patent Litigation System is compatible with the European Union…
The Duesseldorf Court of Appeal referred in a recent decision to the commandment "You shall not lie!" – with severe consequences as to the cost risk of patent proceedings (court order of 15 April…
The Court of Appeal held that AGA's patent was not infringed by Occlutech in a case of septal occlusion devices, which feature braided metal strands and have a collapsed configuration for delivery…
In this case, the Court of Appeal of Paris affirmed a judgement of the Court of First Instance of Paris holding that a product "may not acquire novelty simply because it is prepared in a purer form…
Questions submitted to the Enlarged Board. During opposition the Proprietor announced that it wanted a correction of the decision to grant from the examining division. The opposition division decided…
The entry into force of the EPC 2000 on 13 December 2007 presented, for the first time in Spain, the possibility of amending claims in legal proceedings followed before national Courts where the…
By Legislative Decree no. 28 of 4 March 2010, the Italian legislator introduced obligatory mediation into the Italian legal system. In particular, Art. 5 provides that, as of 20 March 2011, in a…
