After a fresh analysis in light of evidence provided by the complainant, the Barcelona Court of Appeal confirmed the novelty of Calcium Atorvastatin, as it had done in earlier judgments of 2007 and…
The Court of Appeal has overturned a decision of the High Court in finding Virgin's patent for an aircraft seating system to be valid and infringed. The Court of Appeal's judgment is of particular…
In case of parallel proceedings before a national court and the Boards of Appeal, parties should inform both tribunals of this position as early as possible. In order to avoid duplication of…
The Antwerp Commercial Court dismissed Merck's claim for injunctive relief against Teva, ruling that Teva's montelukast-based generic medicines do not infringe Merck's European patent (EP 0 737 186)…
The Commercial Court Number 4 of Barcelona found that although obtaining the price for generic versions of Calcium Atorvastatin by two Spanish companies from the Ministry of Health is not an act of…
In view of the need for a consistent approach to interpretation of Council Regulation (EEC) 1768/92, the Court of Appeal has referred to the European Court of Justice (ECJ) questions on the meaning…
In this patent case the Supreme Court of the Netherlands referred two prejudicial questions to the European Court of Justice. The first question relates to the interpretation of Article 1 of the…
In this judgment the Barcelona Court of Appeal concluded that any ‘preparatory acts’ (for example, submitting samples) conducted prior to the introduction in Spain of the ‘Bolar Clause’, as required…
This decision of the Board of Appeal covers two questions of interest: 1) May an Opposition Division include an obiter dictum in its decision? (The answer in this case is yes.) 2) To what extent is…
The District Court of The Hague finds that the generic products of the defendants fall under the scope of protection of both of Mundipharma's patents, which are related to controlled release…
