The Italian Antitrust Authority (Autorità Garante della concorrenza e del mercato) announced on 26 October that it commenced proceedings against Pfizer following a complaint filed by Ratiopharm…
After a procedure of twenty-odd years, various companies and a natural person were held liable for the infringement of French Patent No. 2 590 192 and European Patent No. …
In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer's local jurisdiction (bailiff's…
Like other countries, such as Australia or Germany, a "petty" patent or "utility model" can be obtained in Spain for so-called minor inventions. They present a twofold distinction with regard to "…
According to the so-called “Duesseldorfer Besichtigungspraxis” (Duesseldorf inspection practice), a patent owner who establishes a prevailing likelihood of infringement may secure evidence by…
The amendments of the Italian IP Code introduced by Legislative Decree no. 131 of 13 August 2010 are many and I tend to believe that there is no Italian IP lawyer who is sure to have already counted…
It is trite that in most jurisdictions, the grant of a patent is only a negative right, in that it does not give the patentee the right to work the invention, merely to prevent others from doing so…
In decision G2/08, available on the EPO website, the Enlarged Board of Appeal provides a problem in relation to the Swiss type claims. It announces the abolition of the use of these claims in point 7…
EC Directive 2004/48 (known as the "Enforcement Directive") was implemented in Spain through Law 19/2006, which sought to harmonise, among other aspects, the criteria to establish damages in legal…
When challenging the validity of a patent, a decision needs to be made early on as to grounds on which to rely. When it comes to allegations of anticipation and obviousness, the challenger and its…
