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
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…
The Patent Trial and Appeal Board did not err in instituting Covered Business Method (“CBM”) review and finding several claims of a financing method patent owned by Credit Acceptance Corporation (“CAC”) to be directed to a patent-ineligible abstract idea, the U.S. Court of Appeals for the Federal Circuit has ruled. The Board correctly rejected CAC’s…
One of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. A decision handed down on 23 February 2017 by Barcelona Commercial Court No. 5 may shed some light on patent owners who need additional evidence to support an application for a…
In last month’s blog about the recovery of legal costs in Belgian IP enforcement proceedings, it was announced that the Mons Court of Appeal would probably be the first Belgian court to hand down a substantive ruling on the consequences of United Video Properties / Telenet (CJEU of 28 July 2016, C-57/15). A week later,…
On April 26 2017, the Eastern High Court of Denmark gave an interesting decision in a case between Orifarm Generics A/S and Novartis A/S, who is the holder of a patent and a number of utility models regarding a transdermal patch. On August 12 2014, the Maritime and Commercial Court had found that Orifarm by…
