As Bob Hudec explained in his legendary The GATT Legal System and World Trade Diplomacy, GATT's (since 1995, WTO) long-standing practice of seeking to adopt decisions by consensus finds its roots in…
Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly's patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed…
In Germany the re-ratification process of the Unified Patent Court Agreement – which is necessary after the Federal Constitutional Court (FCC) partially upheld a complaint last March and declared the…
Building the Patent Fence
The practice of IP management is a recent discipline. Traditionally, IP departments have been run by members of the legal profession. Often, they are under the supervision…
If an appeal against a decision of the opposition division to maintain the patent in amended form is filed by both patentee and opponent, but later one of the appeals is withdrawn, the principle of…
The use of a generally available tool (here: reverse sandwich assays) can involve an inventive step if the advantages pursued and provided by the invention do not materialize without further effort…
Crucial months are ahead for the Unitary Patent project. In Germany the re-ratification process of the Unified Patent Court Agreement is progressing rapidly, but the threat of new constitutional…
PTAB did not err in its claim construction or obviousness findings in two IPRs filed by Westinghouse that challenged two Siemens patents.
Substantial evidence supported two Patent Trial and Appeal…
The Supreme Administrative Court held that the publication of an application for a European patent that included the description of an industrial design in the relevant journal before the protection…
The Court of appeal of Paris, in a decision on the merits, has ruled that the SPC covering the combination of ezetimibe and simvastatine is invalid. The decision was rendered on September 25, 2020,…
