In the field of supplementary protection certificates (SPCs) in the European Union, the majority of all CJEU referrals resolved to date have dealt with the interpretation of the – presumably simple…
The PTAB improperly found that the patent is unpatentable in view of the prior art.
Concluding that the Patent Trial and Appeal Board improperly construed certain claims in a patent for memory system…
As readers are well aware, one of the difficult tasks when applying article 69 of the European Patent Convention ("EPC") and its Protocol of Interpretation is to strike the right balance between "…
Despite all uncertainty regarding the future, due to the ongoing Brexit saga and the German constitutional complaint, preparations for the Unitary Patent system are quietly going on. The EPO Select…
‘Why Berlin can’t wait for Brexit in matters of UPC’, is the title of a recent article on the website of the German law firm Kather Augenstein. Main point: if the Federal Constitutional Court…
Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for…
Board’s obviousness finding was predicated on erroneous finding that claim term "mechanical control assembly" was not a means-plus-function term.
The Patent Trial and Appeal Board erred in finding…
The Court rejected a claim that a new action brought by the claimant asserting additional patents from its portfolio was an abuse of process, finding that a radical change in position by the…
How do competition law and intellectual property work together? That is the main focus of the book ‘The interplay between competition law and intellectual property’, which was published by Kluwer Law…
A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step.
A European patent was granted for a device for the…
