Following the 2017 revamp of the Spanish patent system, only certain courts in Barcelona, Madrid and some other industrial hubs now have jurisdiction in patent matters. However, decisions from other courts in cases brought under the old rules are still trickling in. In this case, the Zaragoza Court of Appeal delivers a judgment which contains…

Where an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of the expression may be derived from the patent itself which would locate (at least some of) the disclosed embodiments within the ambit…

The Supreme Court held that the Court of Appeal was entitled to treat the judge’s failure to appreciate the logical consequence of a particular finding as an error of principle which allowed an appellate court to carry out its own evaluation. Therefore the Court of Appeal was entitled to interfere with the trial judge’s assessment…

Three PTAB decisions were decided by APJs invalidly appointed, but two Circuit Judges would find the defect wholly cured by Federal Circuit’s recent Arthrex decision. The U.S. Court of Appeals for the Federal Circuit has vacated three Patent Trial and Appeal Board decisions following inter partes review of three patents on the ground that patent…

The patent licensee ASSIA was held to be entitled to conduct the present infringement action but was not successful in its claim. Independent claims 1 and 16 were deemed invalid because of added subject matter (intermediate generalization) and in an obiter dictum the court also mentioned that the claimant had not succeeded in proving infringement….

The Federal Court of Justice rejected a joint request by the parties to stay proceedings because of ongoing settlement negotiations. It held that the parties’ request had been made too late and was therefore no longer considered appropriate. The parties should have taken the scheduling of the hearing, but at the latest the approaching of…

A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the German company was infringing its non-examined patent granted by the Turkish Patent and Trademark Office (‘TPTO’). As a counter-attack, the German company and…

A jury’s verdict that snowmobile frame patents asserted against Arctic Cat were indefinite and invalid as anticipated or obvious was supported by substantial evidence. A federal district court correctly upheld a jury verdict invalidating two Bombardier Recreational Products Inc. snowmobile frame patents because substantial evidence supported the jury’s findings that Bombardier’s patent related to rider…

In a complex and interesting validity and infringement case, the Barcelona Court of Appeals (Section 15), Spain’s most experienced patent court, tackles a plethora of issues: linguistic interpretation of European patents; long-time tolerance of patent infringement; assignee estoppel vis-à-vis third parties; claim construction; and indirect evidence of (non)-infringement of a product claim in cases where,…