The Patent Trial and Appeal Board’s construction of a key claim term in a patent directed to a method for fabricating a self-aligned contact hole in a semiconductor circuit was overbroad in light of the actual claim language and specification, the U.S. Court of Appeals for the Federal Circuit has held. Because a prior art…

In this case the FCJ considered the question of whether one of the co-owners of an invention is individually entitled to file a patent application for that invention. The Court held that in general an application is not permissible if it is made only in the name and on behalf of that co-owner. In such…

The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v. Baili, and some implications from this case. Such standards involve how to determine distinctive features, what to be considered to differentiate a functional feature, what…

On 30 June 2017, the Danish Maritime and Commercial High Court issued a preliminary injunction against MBH-International A/S’ and its Danish distributor’s, OneMed A/S, import, offer for sale and sale of the urinary catheter assembly “Qufora OneStep”. Coloplast had applied for a preliminary injunction against the “Qufora OneStep” catheter assembly with reference to its European…

The Court of Appeal (Floyd LJ, Kitchin LJ and Longmore LJ) held that there was no issue of principle which prevented the courts from exercising their discretion to grant declarations of the type postulated in Arrow Generics Ltd (i.e. declarations that a product was old or obvious in patent law terms at a particular date)…

Public prior use when a third party discloses all features of the patent-in-suit before the priority date to the alleged infringer, without concluding a non-disclosure agreement with the alleged infringer. A full summary of this case has been published on Kluwer IP Law

The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even if the issue is raised merely as a defence and with effects limited to the parties to the proceedings. A full summary of this case has been…

In relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on 14 July 2016 in which it declared that the Defendant had directly infringed this patent by reproducing one of the…

Decisions by the Patent Trial and Appeal Board in three interference proceedings between Stanford University and the Chinese University of Hong Kong (“CUHK”)—in which the Board found that methods of testing for fetal aneuploidies in DNA samples drawn from maternal blood were unpatentable for lack of written description—have been vacated by the U.S. Court of…

The 30-day period to initiate mandatory arbitration proceedings against apllicants of authorization to introduce generic medicines in the market is an expiration or final term. A full summary of this case has been published on Kluwer IP Law