The patent proprietor appealed a decision of the Opposition Division, wherein the Opposition Division decided to maintain the patent in amended form. In appeal the patent proprietor filed a new main…
In this case the board ruled that a claimed measurement method was excluded as a method of treatment by therapy under Article 53(c) EPC because it encompassed administering a compound that could have…
The District Court of The Hague, Administrative Division, considers the granting of an SPC to a patent proprietor that does not possess a market authorization for a medicine protected by the patent,…
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…
