One of the new question marks introduced by Directive 2004/48 (the so-called "Enforcement Directive") is what amount of indicia is required to prove that an act of infringement is "imminent" for the…
The questions referred to the Enlarged Board of Appeal were answered as follows:
1. A claimed imaging method, in which, when carried out, maintaining the life and health of the subject is important…
In the case at hand the Board held that the European Patent Convention does not contain any specific provision for refusing a European patent application for unallowable double patenting. According…
George Washington once speculated whether it could be said that an axe which had received three new handles and two new heads could be said to be the original axe. Whilst not providing the answer to…
On 18 June 2009 the IP Chamber of the Milan Court issued its official interpretation on whether the filing of an MA application for a generic drug when the patent is still in force results an act of…
There have been some interesting developments lately on the international IP piracy front relating to the so-called manufacturing fiction and the Anti-Counterfeiting Trade Agreement (ACTA). These…
During the past 9 months in Denmark, the pharmaceuticals manufacturer and patentee, H. Lundbeck A/S, has obtained two interlocutory injunctions in Denmark against wholesalers marketing generic…
The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended…
A second medical use claim can be based on a novel dosage regimen. In decision T317/95 a Board of Appeal decided that this type of claim was not allowable. It regarded the activity of administrating…
In the beginning of 2010, Merck Sharp & Dohme (hereafter “Merck”) and E.I. Du Pont de Nemours (hereafter “Du Pont”) on the one hand and Mylan on the other hand entailed in a fight concerning the…
