Beamocular brought proceedings against C-Rad, alleging that Beamocular had the superior right to an Invention made by K.M. who was at the time an employee of C-Rad. The Swedish Patent and Market Court of Appeals confirmed that the primary work duties of K.M. did not constitute research activities and therefore the Invention was not a…

In this case the Federal Court of Justice (FCJ) allowed a compulsory licence under a patent for a pharmaceutical active ingredient for the first time ever. The Court held that a public interest in such a licence may still exist where it concerns only a small group of patients. In particular, the interest may be…

Following inter partes review of several claims of a patent directed to a trigger/seal mechanism for a beverage container, the Patent Trial and Appeal Board properly applied the broadest reasonable in construing a connection limitation disclosed in the challenged claims, the U.S. Court of Appeals for the Federal Circuit has decided. The Board’s construction was…

For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of inventive activity. Unlike in other jurisdictions such as Germany, in Spain this method has become the natural instrument used…

The Patent Trial and Appeal Board’s construction of the term “body” disclosed in multiple claims of a downhole drilling tool patent has been reversed by the U.S. Court of Appeals for the Federal Circuit as unreasonably overbroad and contrary to descriptions in the patent’s specification. The Board’s rejection of the challenged claims following inter partes…

A data sequence can only be regarded as a product directly obtained by a patent-protected process if it has tangible technical properties that are directly imparted on it by this method, and if the data sequence itself can therefore be appropriate subject-matter of a product patent. The representation of an experimental result obtained by a…

In China, judges handling patent litigations often experience difficulties in claim construction and infringement determination due to the lack of technical backgrounds. Although forensic appraisals were then widely adopted to help judges identify professional facts, some downsides were observed in the technical appraisal system. As for the expert auxiliary system, it is playing a more…

For the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the “objective technical problem” as defined in the patent’s specification, b) the limits to the combination of prior art documents and c) the professional qualifications required for…

Substantial evidence supported a Patent Trial and Appeal Board decision finding a patent for an eyewear retention device unpatentable as obvious, the U.S. Court of Appeals for the Federal Circuit has held. A prior art device created by a fisherman and described in a newspaper article made use of a “resilient” retainer—as claimed by the…

In March our partner Hetti Hilge reported on a preliminary injunction by which the Federal Patent Court granted Merck an interlocutory compulsory license for Merck’s HIV drug Isentress in the light of Shionogi’s Raltegravir patent EP 1 422 218 (link). The compusory license has now been confirmed in the second instance PI proceedings by the…