Council Regulation 469/2009 (the “SPC Regulation”) governs the grant of supplementary protection certificates in the EU. Core to its interpretation are Articles 1, 3, 4 and 5. Most pertinently,…
In a global patent battle between Ajinomoto and Global Biochem Technology (GBT), a Belgian front was opened on March 25, 2008 when Ajinomoto seized more than 4 million kilos of infringing L-Lysine (a…
The German Federal Supreme Court (Bundesgerichtshof) has recently made clear that every court has to take into account preceding decisions of the European Patent Office (EPO) and of courts of other…
The German Federal Court of Justice decided that a method concerning the dynamic document generation of structured documents in a client-server-environment, which is implemented by software, was not…
According to Article 61.2 of the Spanish Patent Act "where a patent concerns a process for the manufacture of new products or substances, unless there is proof to the contrary, it shall be presumed…
This matter concerns levocetirizine, which is an enantiomer of cetirizine. The Court held that, at the priority date, it would have been obvious to the skilled person to check whether levocetirizine…
On 22 April 2010 the German Federal Court of Justice issued its Decision in a case on appeal from the German Patent Court. The later rejected on the ground of excluded subject matter a claim to a…
The Court of Appeal of Milan established a principle whereby named inventors must be called in revocation actions and, if they are not, proceedings may not reach the stage of decision. This principle…
The Enlarged Board of Appeal states in its Opinion G3/08, reason 7.2.1 (italics added):
“The European Patent Organisation is an international, intergovernmental organisation, modelled on a modern…
On 22 June 2010, the English Court of Appeal handed down its judgment in yet another case involving stents in Occlutech v. AGA Medical. The appeal was dismissed with the result that AGA’s patent was…
