The Brussels Court of Appeal ruled that, in calculating the period of validity of an SPC, the ‘first authorisation to place the product on the market in the Community’, within the meaning of Article…
In the case at hand, Olympus filed a petition for review against the decision of the Board of Appeal to revoke Olympus' patent. Olympus argued that it had had no opportunity to comment on the grounds…
The District Court Düsseldorf clarified its case law regarding the requirement of a complete translation of patents into the German language and how to deal with errors in such translations. Besides…
The Administrative Law Division of the Council of State holds that the District Court has rightfully found that the Patent Office was not obligated to issue a Supplementary Protection Certificate for…
This case concerns a referral to the Enlarged Board of Appeal regarding the interpretation of the term ‘pending application’ in the wording of Rule 25(1) EPC 1973. In the appealed decision from the…
The Court of Appeal upheld the High Court's finding that Aerotel's Patent relating to a method of making pre-paid landline telephone calls was invalid for want of inventive step over the principal…
During appeal proceedings, the appellant argued lack of inventive step on the basis of public prior use of a composition for making the claimed product. The prior use appeared to relate to an…
The Hague District Court nullified Sepracor's patent for compositions for treating allergic disorders using (-) cetirizine (levociterizine) on the basis of lack of inventive step. The Court…
The claims of the patent in suit related to a memory for sensing sub-groups of memory cells that required the activation of word line segments and corresponding sets of sense amplifiers in…
The Court of Appeals Karlsruhe has decided that under specific circumstances the enforcement by a non-manufacturing licensing company of an injunction based on a standard-essential patent may be…