The case determined whether Abena A/S (hereinafter “Abena”) waste bags with lace up sealing, which had a seam with curved corners in one side of the bag, infringed Etradan BS ApS´ (hereinafter “Etradan”)patent nr. DK 176709. The Court found that Etradan did not successfully prove that the extra seam on Abena´s bag was aimed at…

In case of actual or potential discrepancies between claim language and the patent description which might allow a broader interpretation the Supreme Court confirms that the claim may not be interpreted to cover all options of the broader description if certain elements of the description have not been reflected in the claim language. Furthermore, such…

Since 2009, French law has allowed patentees to voluntarily limit their granted patent claims. This possibility, which has existed for a long time in a number of European countries, (e.g. Austria, Switzerland, Germany, Denmark, Italy, Norway and the United Kingdom) has recently been introduced into the European patent system through Art. 105bis et seq. of the…

The Court of Appeal overturned a decision of the High Court and held that the act of replacing Shutz’s bottles in Shutz’s outer protective cages with Werit’s bottles constituted ’ making’  products protected by Shutz’s patent, which encompassed both the bottle and the cage. Click here for the full text of this case. A full summary…

By final judgment of November 18, 2010 (Xa ZR 149/07, published in Mitt. 2011, 66 (in German only)), the German Federal Court of Justice (FCJ) decided on two interesting issues in nullity appeal proceedings regarding the German patent DE 101 41 650 pertaining to a patch containing the opioid fentanyl, a strong analgesic drug. Firstly,…

The  Supreme Court held that the US doctrine of file wrapper estoppel is not applicable under the EPC. According to the Court only Article 69 of the EPC and the Protocol on its interpretation should be applied when determining the scope of a claim. The modifications of the patent application during prosecution cannot be taken…

The patentee (Claimant) filed a request for an interim injunction against the Defendant, ordering it to stop using the patented method, stop selling or importing Valsacor film coated tablets or any other products that would infringe the European patent, to seize the mentioned tablets, and to order Defendant to pay a penalty. The court rejected…

In the recent case of Schütz v Werit, the Court of Appeal examined the boundary between repair and making under the English implementation of Article 25 of the Community Patent Convention. The claimants’ patent in question was for intermediate bulk containers (IBCs), in particular IBCs comprising two parts: a cage and a large plastic container…