The Court of Appeal has overturned the High Court's finding of non-infringement, holding Napp's divisional patents, relating to controlled release formulations of a painkiller called oxycodone, to be…
A patent infringement action may not be rejected on the grounds that a feature of the asserted patent claim seems to be unclear in its technical meaning. A lack of clarity may only give reason to…
In this decision the Danish Supreme Court for the first time uses equivalents as a legal base for violation of a patent. Equivalents have long been a part of Danish patent law, but the Supreme Court…
The Provincial Court of Barcelona dismissed an appeal filed against a judgment from the Commercial Court number 4 of Barcelona, which had concluded that the product claims of the patent in suit were…
The Federal Court of Justice held that a licensee's failure to exploit an exclusive patent license can justify termination of the license agreement by the licensor, even if there is no breach of…
The Federal Patent Court has decided that an inventive step according to Article 56 EPC is not established if the person skilled in the art has only to conduct routine exploratory analysis based on…
When the transitional provisions for EPC 2000 are silent, the Board has to establish which legal text is applicable. In that case the Board has to take into account that it is undesirable to use both…
The Dutch Supreme Court stated that the patentee still has an interest in this supreme appeal proceeding after amendment of the patent pursuant to Articles 105a-c EPC 2000 subsequent to coming into…
The patent in suit contains claims for the (+)enantiomer of citalopram and a method for its resolution from the racemate (the diol method). The Defendants appealed a decision of the Court of Appeal…
In this case the Court holds that documents and explanations relating to a patent application should be corrected or changed at the request of the Polish Patent Office within a fixed time period and…
