burden of proof

3 articles available

The concept of plausibility has caused great controversy in European patent law in recent years. It was hoped that the decision of the Enlarged Board of Appeal (EBA) of the EPO in G 2/21 would bring…

According to Article 61.2 of the Spanish Patent Act "where a patent concerns a process for the manufacture of new products or substances, unless there is proof to the contrary, it shall be presumed…

During the past 9 months in Denmark, the pharmaceuticals manufacturer and patentee, H. Lundbeck A/S, has obtained two interlocutory injunctions in Denmark against wholesalers marketing generic…