Although this is a patent law blog a recently published decision of the Swiss Federal Supreme Court in an appeal against a dismissed request for a preliminary injunction in the copyright sector is worth being discussed in more detail here. It will make life harder also for petitioners who see their hopes dashed before the…

As posted here the Swiss Federal Patent Court had to amend its Guidelines on Independence after the Swiss Federal Supreme Court had lifted a decision of the Federal Patent Court concerning the recusal of one of its non-permanent judges on 27 August 2013 in a case concerning the Nespresso coffee capsules. The revised Guidelines on…

The Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions. In 2010 I wrote a post concerning the requirement to name inventors as co-defendants in Italian revocation actions. I reported that the Court of Appeal of Milan had established a principle whereby named inventors had to be called…

by Hetti Hilge In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the enforcement of a parallel infringement finding (including an injunction) and, upon second review, remedied what it considers an unintended oversight by the legislator (“Planwidrige…

The juxtapositon of patent limitations in national nullity proceedings and before national patent offices on the one hand and according to article 105a EPC on the other hand is a hotly debated issue not only in Switzerland. In a recently published decision of 2 June 2014 (4A_541/2013), the Swiss Federal Supreme Court had to decide –…

Almost everyday someone posts something about the Unified Patent Court or a seminar is offered about the “newest” developments. In fact nobody is able to predict whether the system will “work”. It is said that in order “to be successful” the system needs to be efficient, speedy and affordable. It is also said that it…

Patent litigators around Europe will be taking note of the latest significant development from the English Patents Court in the case of Actavis v Eli Lilly [2014] EWHC 1511 (Pat) (judgment dated 15 May 2014), in which the English Court decided to grant declarations of non-infringement (DNIs) for three foreign designations of a European Patent…

The recent decision T 1843/09 clarifies that the exception to the prohibition of reformatio in peius set out in G 1/99 in order to overcome an objection under Article 123(2) EPC is not the only exception. According to the Technical Board of Appeal, exceptions to this principle are a matter of equity in order to protect a non-appealing Proprietor against procedural discrimination in circumstances where the prohibition of reformatio in peius would impair the legitimate defence of its patent.

The Oslo District Court held that Jets AS’ patent for a liquid seal pump of the helical screw type for use in vacuum drainage systems lacked novelty over one of Jets’ own patents. Despite the court’s finding on invalidity, the court did not consider Jets warning letter to a customer of its competitor, Evac Oy,…