The District Court of The Hague holds that in case of ambiguities in the claim language the skilled man will consult the prosecution history to determine the scope of protection. The patent can not…
In this case the Commercial Court lifts an ex parte preliminary injunction against the launch of several generics of Pramipexol after an inter partes hearing. The ex parte decision was grounded on a…
The Barcelona Court of Appeal found that the process used by the defendants to obtain amlodipine was not equivalent to the process protected by the patent in suit. The Court relied on the three…
The Enlarged Board of Appeal answers three questions of law as follows:
Question 1: Where it is already known to use a medicament to treat an illness, Article 54(5) EPC does not exclude that this…
The Enlarged Board of Appeal in reply to three questions of law submitted to it, concludes as follows: Question 1: When an international application is filed and published under the PCT in an…
1. The Enlarged Board of Appeal considered the meaning that is to be given to the exclusion of patents on methods for ‘treatment by surgery’ (Article 53(c) EPC). The current construction used by the…
The Court of Appeal upheld the High Court's judgment that HGS' patent relating to a new protein called Neutrokine-α was invalid for lack of industrial application. The Court of Appeal agreed with the…
The District Court of The Hague held that Abbott does not infringe Medinol's patent. According to the Court there is also no reason to accept infringement by equivalence, since the meander patterns…
The case concerned the validity of a ‘selection patent’. The Court of Appeal held that there is no special approach to be adopted in determining the validity of selection patents and that UK law…
The Federal Court of Justice presented the following questions to the European Court of Justice: 1. How should the term 'human embryos' in Article 6 para. 2 lit. c Directive 98/44 EC be understood? a…
