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George Basharis (Wolters Kluwer Legal & Regulatory US)
Patent case: Bombardier Recreational Products Inc. v. Arctic Cat Inc., USA
October 22, 2019

A jury’s verdict that snowmobile frame patents asserted against Arctic Cat were indefinite and invalid as anticipated or obvious was supported by substantial evidence. A federal district court…

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Adrian Crespo (Clifford Chance)
Patent case: SCA Tissue France SAS, Spain
October 21, 2019

In a complex and interesting validity and infringement case, the Barcelona Court of Appeals (Section 15), Spain's most experienced patent court, tackles a plethora of issues: linguistic…

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Leon Li (Baker & McKenzie FenXun (FTZ) Joint Operation Office ), Binxin Li (Baker & McKenzie FenXun (FTZ))
Emerging Forensics Methods in the PRC
October 18, 2019

Chinese courts heavily rely on evidence to rule a case, and conventionally, notarization is basically the only option when a party collects evidence by itself. However, conventional notarization has…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Bayer Intellectual Property GmbH vs. Ceva Santé Animale SA., Netherlands
October 16, 2019

Bayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived…

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Kate O’Sullivan (Bristows)
Anan Kasei v Neo Chemicals - Court of Appeal clarifies “uncertainty” insufficiency and excessive breadth insufficiency
October 15, 2019

On 9 October 2019, the Court of Appeal dismissed an appeal against the finding that a patent directed towards ceramic compounds was sufficient and allowed two procedural appeals on issues of…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Cer-Zirkonium Mischoxid I, Germany
October 15, 2019

A range of values limited only in one direction can be sufficiently disclosed if the invention is not limited to a certain range, but includes a generalizable teaching which goes beyond that and…

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Miquel Montañá (Clifford Chance)
Will Spanish Courts have to revisit their case law on follow-on damage claims after the CJEU judgment of 12 September 2019?
October 11, 2019

Since the Ruling of 19 September 2012 from the Barcelona Court of Appeal (Section 15), this Court has taken the view that when a preliminary injunction is ordered "ex parte", if it is later lifted,…

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Francois Pochart, Thierry Lautier (August Debouzy)
Search of evidence in France: the new legal tools offered by the French law on trade secrets
October 08, 2019

The transposition of the “trade secrets” directive in France allowed the introduction of new legal tools that apply to ex parte investigation measures and infringement seizures (“saisie-contrefaçon…

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Thorsten Bausch (Hoffmann Eitle)
DE, UK, EPO: A Few Thoughts on Constitutional Matters
October 06, 2019

Times where a lot is written about matters of constitutional law are not necessarily good times. When the wheels of a state or state-like organization engage smoothly with each other and when…

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Kluwer Patent blogger
EPO president Campinos still has to show he is serious about restoring social peace
October 04, 2019

While the EPO published a report late September about the importance of intellectual property rights for the European economy, internally meetings were held by EPO president António Campinos both…

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