Introduction
In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by…
As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account…
In September 2021, Brazilian Congress passed a law changing the compulsory licensing landscape as a political answer to the impact of the Covid-19 pandemic. Initially, Congress wanted to include new…
Because the patent failed to disclose the absence of a loading dose, the no-loading-dose limitation was without adequate written description support.
A divided Federal Circuit panel has reconsidered…
The first of March 2023 seems to be a likely date the Unified Patent Court will open its doors.
This became clear yesterday during the Unitary Patent Package Conference in Amsterdam. On the same day…
The start of operations of the Unified Patent Court can reasonably be expected to occur in early 2023. This was announced on the website of the UPC today.
‘On 8 July 2022, the Administrative…
Barcelona Commercial Court no. 5 - arguably Spain's most active patent court - rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a…
The EPO has violated the right of free association by imposing restrictions on staff’s choice of members for the Appeals Committee and other statutory bodies of the EPO. The Administrative Tribunal…
In a decision dated June 29, 2022, the Cour de cassation (French Supreme Court) overturned the decision of the Paris Court of Appeal (Paris, November 24, 2020) which refused to assess acts of…
Michael Tappin QC (sitting as a deputy judge of the High Court)
It is common in English patent litigation for patentees to make an application to amend a patent post grant and in the course of…