By decision of 29 July 2010, the Italian Supreme Administrative Court (Consiglio di Stato) tackled the difficult issue of whether the Italian drugs regulatory authority (Agenzia Italiana del Farmaco…
Under the UK’s standard duty of disclosure, each party is required to disclose the documents on which it relies, the documents which adversely affect its or another party’s case and the documents…
The Court of Appeal has held that the skilled person (which can be a team of individuals) may vary depending on the question in issue (e.g. obviousness, novelty, sufficiency or construction). The…
In this case the Supreme Court affirmed that the transfer of a computer program could be regarded as an act of indirect patent infringement. Although the commissioned research and development of the…
This case concerned the issue of patentability. The Danish Patent and Trademark Office (DKPTO) refused a patent application on the grounds that the invention only consisted in an automation of a…
Unilever NV (hereinafter referred to as “Unilever”) is the holder of a European patent filed in English on 19 March 2001 and the grant of which was published in the European Patent…
One of the topics that have kept our Courts busy over the last few years relates to which test should be applied to judge "equivalence". Whereas the U.S.'s "same function-same way-same result" test…
In this case the patentee (Meyn) was granted a patent (EP 0 530 868) on a device to clean out the intestines of poultry during slaughtering. The enforcement court in Denmark granted an injunction…
By decision of 9 June 2010, the Italian Supreme Court tackled the issue of patent exhaustion in a manner which may give rise to some debate. The case concerned a claim of infringement brought by…
The Court of Justice of the European Union (“CJEU”) has been asked to consider whether the draft agreement for the proposed European Patent Litigation System is compatible with the European Union…
