The Mobile Word Congress (“MWC”) is the largest mobile trade event in the world and one of the most significant trade fairs taking place in Barcelona. More than 105,000 people attended previous events and more than 2,400 leading companies exhibited their products.  Due to its importance, all relevant institutions do their very best each year…

As already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO’s Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent Convention (“EPC”) and that, therefore, it does not prevent the patentability of new pepper plants and fruits with improved nutritional…

In its judgment of 25 July 2018 (Case C-121/17 Teva v. Gilead), the CJEU had its latest say on the interpretation of article 3 (a) of Regulation (EC) 469/2009 concerning the Supplemental Protection Certificates for medicinal products (the “SPC Regulation”). In particular, it concluded that article 3 (a): “[…] must be interpreted as meaning that…

Over the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. In the mid-2000s, the Judges in charge of the Commercial Courts at the time, with jurisdiction to deal with patent cases in Barcelona,…

A recurring topic of discussion in patent infringement proceedings in Spain is the degree of evidence required to prove the damage caused by acts of patent infringement. According to a line of case law handed down by the Supreme Court, the existence of the damage may be proved by demonstrating the existence of the unlawful…

One of the points sometimes debated in patent cases is the date when a claim for patent infringement becomes “time-barred” (i.e. the date on which it “prescribes”). The traditional position adopted by the courts in countries like Germany and Spain is that in the case of continuing acts of infringement, the time-barred period (e.g. 5…

Upon reading the title of this blog entry, readers may be wondering what the “ex re ipsa” doctrine involves. It therefore may be worth clarifying that it is a legal doctrine applied, for example, to cases dealing with damages, where the damage is presumed to have been caused (“causality”) when it is inherent to the…

On 13 April 2018, the Barcelona Court of Appeal (Section 15) wrote a decision highly illustrative of the challenges that an “added matter” objection may raise in Spain, particularly in the context of preliminary injunction proceedings. The decision confirmed a ruling of 18 July 2017 from Barcelona Commercial Court number 4, which had lifted a…

Historically, the Spanish Patents and Trademarks Office (“SPTO”) has rejected the correction of the registered term of supplementary protection certificates (“SPCs”), even in cases where such term has had to be recalculated due to the new case law emanating from the Court of Justice of the European Union (“CJEU”). As reported in our posts of…