Case Law

21 articles available

A quarter-century after supplementary protection certificates (SPCs) were introduced in the European Union, there are still a number of unresolved questions as to which types of products are, in…

The asserted claims of a DuPont patent disclosing a process for preparing flexographic printing plates were invalid as obvious over prior art and therefore could not support infringement contentions…

One of the possible methods to examine incentive activity is what is known as the "problem and solution approach" usually applied by the European Patent Office ("EPO"). Spanish Courts like this…

When it comes to infringement of patents, the doctrine of equivalence has gained some more attention in the last few years in German courts and indeed also in some of my earlier posts on this blog …

As readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of "second medical use" claims and, in particular, the activities…

Masaba Inc. did not infringe five Superior Industries patents that disclosed a conveyor system for drive-over truck dumps and a braced, telescoping support strut, the U.S. Court of Appeals for the…

Nine claims of a SynQor patent for a high efficiency power converter were anticipated by the combination of two prior art references that taught DC-to-DC power converters for pulsed loads, the U.S…

The Board emphasized that there was a relation between who was to be considered to be the skilled person for judging inventive step on one hand and the choice of the closest prior art on the other…

Inventions regarding a method of improving the yield of triploid seedless watermelons by pollination with a specific type of diploid water melon are not to be regarded as an essentially biological…