As a follow-up to our previous post “The Federal Circuit Has Its Final Say On the “On-Sale” Bar Under the AIA,” the Supreme Court has granted certiorari in the Helsinn v. Teva case, which concerns whether the America Invents Act (“AIA”) changed the longstanding “on-sale bar” rule.  This means that at least four of the nine…

The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by the proprietor the patent was declared invalid in its entirety. Infringement, exceptions to patentability and prior use rights were also considered by…

The German Supreme Court this year passed two major decisions on the requirements for invoking a right to prior use. In its Desmopressin decision (June 12, 2012, X ZR 131/09), the Supreme Court ruled that knowledge regarding technical effects is not required for a prior user to be in possession of an invention as long…

The Supreme Court held that Article 68 (3) IP Code relating to prior use, sets forth both a “quantitative” and a “qualitative” limit, in the sense that it “serves to identify the business behavior which determines the limit of the monopoly granted to the patent holder in respect of the prior user”. Since the prior…

In these infringement proceedings initiated by Agfa against Xingraphics the Court held Agfa’s patent valid and dismissed Xingraphics cross border declaration of non-infringement due to lack of jurisdiction. Agfa’s infringement claim was dismissed as it was not sufficiently substantiated. Agfa was not allowed to supplement its evidence, since it had failed in a previous stage…