The readers will recall that on 18 July 2013, the European Court of Justice (“ECJ”) handed down its controversial judgment in case C‑414/11 Daiichi Sankyo Co. Ltd, Sanofi-Aventis Deutschland GmbH v. DEMO Anonimos Viomikhaniki kai Emporiki Etairia Farmakon. In this judgment the ECJ, making a 180º twist in relation to the criteria endorsed in Opinion…

The Court of Appeal of Burgos dismissed the appeal against the Judgment of the Provincial Court of Burgos, which upheld a patent for a pharmaceutical composition and its use, despite the fact that clinical trials regarding the patented composition and the patented use were mentioned in the prior art. The full summary of this case…

One of the “co-lateral” damages expected from the latest Pixar Films’ type of productions coming from the European Commission (the European patent with unitary effect and the Unified Patent Court (“UPC”) fostered by the Commission behind the scenes) is the increase of patent applications filed before national patent offices.  Stakeholders are growing concerned that the…

As my colleague Rik Lambers, from Brinkhof, reported in the blog he posted last Thursday (12 December 2013), that day was a big day for Supplementary Protection Certificate (“SPC“) aficionados, since the European Court of Justice (“ECJ“) published three new judgments that will further feed the long-running saga of SPC decisions. Readers will no doubt…

My last blog, published on 14 November 2013, mentioned that on the closing date (15 November 2013) set to send expressions of interest for persons wishing to be considered candidate Judges at the Unified Patent Court (“UPC”), only Austrian nationals would fulfil the conditions set by the Preparatory Committee, for only Austria had ratified the…