A recent study by two eminent scholars from the Max Planck Institute for Innovation and Competition (MPI) on „The Impact of Brexit on Unitary Patent Protection and its Court“, which is available here, casts significant doubts whether it will be possible for the United Kingdom to stay in the UPC Agreement after the UK has…

The choice of the starting point for evaluation of inventive step requires a justification which is not in itself provided by the fact that a certain citation proves ex post to be the “closest state of the art”. In particular, it cannot be assumed without further ado that an expert in a technical field in…

The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law exists.  Further, the exclusion of utility model protection for methods is in accordance with Article 14.1 and Article 3.1 of the Basic Law….

…great forces are up against each other and a dispute arises. Fortunately, it is not a war of biblical dimensions, but only a lawsuit, a significant and legally interesting one though, about an Supplementary Protection Certificate. The parties were Teva (Hebrew word for nature) and Gilead (aka Hill of Testimony, a mountainous region east of…

The FCJ held that: a) An objection by one party can lead to the petitioner being required to demonstrate a legitimate interest in the inspection of the files of a patent nullity procedure, but only if the opposing party demonstrates an interest of its own which may stand in the way of the inspection. b)…

The FCJ ordered that the petitioner must be granted access to the entire file wrapper. The objections raised by the plaintiff with regard to parts of the file which allow conclusions to be drawn on infringement proceedings conducted in parallel or which contain information on the designs challenged there were unfounded. A full summary of…

The Federal Court of Justice confirmed that a nullity defendant can defend its patent to a limited extent only insofar as it is attacked by the nullity plaintiff. The limited defence of the patent in dispute by combining an attacked claim with an uncontested subclaim or with one of several variants of an uncontested subclaim…

…clearly less spectacular than the UK’s ratification of the UPCA, but nevertheless noteworthy and – perhaps! – even more relevant in the long run (but that we shall see). My colleague Mike Gruber was kind enough to compile the following brief summary of the Federal Patent Court’s full decision on the Raltegravir (Isentress®) compulsory license…