In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics’ European patent as far as Sweden was concerned, but held, other than the District Court, that the alleged infringer did not infringe the patent at issue. The Court of Appeal further held that a patent can only be declared partially (in)valid if the patentee has requested a limitation of the claims. Without such a request, the entire patent must be declared invalid.
A summary of this case will be posted on http://www.Kluweriplaw.com
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