By Gregory Bacon Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims, the UK Supreme Court in yesterday’s judgment in Actavis v Eli Lilly [2017] UKSC 48 reversed gear and reintroduced a…

ECC’s patent strategy not Swiss courts’ cup of tea Ethical Coffee Company (ECC) and different entities of the Nestlé group of companies have been involved in many legal disputes in various jurisdictions. The parties’ positions are normally as follows: ECC seeks access to the Nespresso coffee capsule machines for its biodegradable coffee capsules and Nestlé…

In the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, “imported” from the so-called “EPO case law”. Its name is “plausibility”. The origin of the plausibility concept can be traced to Decision T 939/92 (AgrEvo), where the EPO’s Board of Appeals held…

Australia ended 2016 flipping through the pages of the Productivity Commission’s final Inquiry Report on Australia’s Intellectual Property Arrangements. In general, the Commission considers that IP rights encourage innovation, but are not always necessary for it and can often be used harmfully. The proposed changes are aimed at balancing the interests of rights holders with…

In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence. This confusion seems to have confused me as well. With respect to the background of the decision, it was actually the technical judge’s expert opinion, which affirmed an infringement of…

On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49. IP Australia’s decision comes on the heels of the High Court of Australia’s approval of the Full Federal Court decision in Commissioner of Patents v RPL Central Pty Ltd [2015]…

Claim construction and scope of protection are perhaps the most hotly contested topics in Dutch patent law. Over the last ten years, we have had no less than six Supreme Court decisions dealing with these matters. The latest development in this continuing saga is the Supreme Court’s recent decision in Bayer / Sandoz, which offers…

On 29 April 2016, the Australian Productivity Commission published a Draft Report on its enquiry into Australia’s Intellectual Property Arrangements. Although the Draft Report provides separate analyses on the state of copyright, patents, designs and trade marks, it arrives at a common conclusion:  Aussie IP needs work. “Not as effective as they could be” The…

In a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as “product-by-process” claims. One of the issues discussed by the parties was whether the scope of protection of claim 1 of patent EP 731.646 B1, which claims…

Case reported and summarized by Gregory Bacon, Bristows LLP Mr Justice Carr is only a few months into his judicial career, but having already provided welcome guidance on the role of plausibility in considering both the questions of inventive step and sufficiency (see earlier blog post on Actavis v Eli Lilly), he has now produced…