Actions which impinge upon the monopoly granted by an Intellectual Property right are considered infringements.
In a patent infringement suit brought by Omega Patents against CalAmp Corp. alleging infringement of Omega’s U.S. Patent Nos. 6,346,876 (’876 patent), 6,756,885 (’885 patent), 7,671,727 (’727 patent), and 8,032,278 (’278 patent), the federal district court in Orlando’s judgment of no invalidity of the asserted claims was affirmed, the U.S. Court of Appeals for the…
A recently published Decision of 9 November 2018 from Barcelona Commercial Court number 5 sheds some light on the indicia that may or may not be sufficient for the purposes of ordering a preliminary injunction “ex parte”. For the readers’ benefit, it will be useful to clarify that under Spanish law, one of the requirements…
The Higher Regional Court of Vienna confirmed the three-factor Bicalutamid/Schneidmesser Test, holding that a variant is equivalent to an invention for the purposes of infringement if the following conditions apply cumulatively: 1 The modified embodiment solves the problem using modified, but objectively equivalent means (equivalent effect); 2 The person skilled in the art is able…
A new trial was granted so a manufacturer accused of infringing the patent can challenge its validity by presenting additional obviousness theories that the district court should not have disallowed. Case date: 29 March 2019 Case number: No. 17-2507 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published…
by Elizabeth McAuliffe At a Form of Order hearing on 18 March 2019, Henry Carr J gave a high level ex tempore decision in TQ Delta LLC v ZyXEL Communications Limited et al to grant an injunction, with immediate effect. The approved judgment was published on 28 March 2019 ([2019] EWHC 745 (Pat)). This decision…
A nullity action is still admissible after expiration of the patent if it provides the nullity plaintiff, who had been unsuccessful as defendant in infringement proceedings, the possibility of bringing an action for restitution against his conviction and if the nullity plaintiff declares that he intends to make use of this possibility (xref. X ZR…
… that is the question in recent ‘Dutch discovery’ proceedings in a patent dispute between beer giants Anheuser-Busch Inbev (‘ABI’) and Heineken. Well, sort of: the legal question was if ABI would be granted access to documentation seized at Heineken’s premises in the Netherlands. The Hague Court’s Preliminary Measures Judge’s answer did all but refresh…
The Constitutional Court held that the 30-day period to initiate mandatory arbitration proceedings against applicants for authorization to introduce generic medicines onto the market is a final (or expiration) term. Case date: 10 April 2018 Case number: 187/2018, 41/2017 Court: Constitutional Court of Portugal A full summary of this case has been published on Kluwer IP…
It seems to be a more and more realistic scenario that the UK may leave the European Union on March 29, 2019 without an agreement. A lot has been written about the effect of such a “hard Brexit” on trade in general and –more interesting to us working in the patent field- on the future…
The Finnish Supreme Court resolved in February 2019 on the matter of whether or not the preconditions for precautionary measures were at hand in a patent law infringement case. Firstly, the Court interpreted the Act regarding Preservation of Evidence in Civil Cases Concerning Intellectual Property Rights (344/2000, as amended). Moreover, the Court analysed the information…
