In a case concerning a patent relating to methods of transferring component tape information to a component mounting machine, the Federal Court of Justice held that when inventive step is assessed it is of the utmost importance to consider all aspects of the claimed subject-matter and in particular effects and advantages of these aspects in…

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…

Nullity Plaintiff still has a need for legal relief even after expiry of the patent as long as Patentee has not given up claims against customers of Plaintiff. A conventional personal computer with telephone functions does not render obvious to implement one of its features in a mobile phone. Case date: 16 January 2018 Case number: X…

Since the Eli Lilly v. Canada award of 2017, the relevance of international investment law for patents has been known to a wider public. In response to the revocation of two Canadian patents concerning the compounds olanzapine and atomoxetine by Canadian courts, the US pharmaceutical company Eli Lilly initiated arbitral proceedings against Canada on the…