The Supreme Court stated that decisions dismissing a request for a stay of proceedings that are within the discretion of the court can generally not be contested according to section 192(2) Austrian Code of Civil Procedure (“ACCP”). This general rule does not apply in cases where the law imposes a mandatory stay of the proceedings….
The 23rd edition of the book The Annotated European Patent Convention has been published. The book is updated till 15 November 2015. Some important amendments in this new work: Recently issued Enlarged Board of Appeal decisions: -G1/12: correction of the identity of the appellant is allowed; -G1/13: the EPO recognises the retroactive effect of restoration…
On 30 November of 2015, the Barcelona Court of Appeal handed down a judgment which has further confirmed that a company outsourcing the production of a product to a third party is subject to the “strict” liability rule applicable to “manufacturers”, even if the actual product is manufactured by another company. This judgment has resolved…
In one of the most highly observed patent cases in Europe in 2015, Case C-170/13, Huawei vs ZTE, the Court of Justice of the European Union with judgment of 16 July 2015 provided valuable and long-awaited guidance on the antitrust/FRAND defense in cases of standard essential patents (SEPs). The decision at the same time raised…
Early January people often reflect on the past year. A good moment to give you an overview of the 10 most popular posts on the Kluwer Patent Blog in 2015. Going through the list, it is immediately clear our readers are closely following the developments and conflicts at the European Patent Office. The top two…
The German ratification of the Unified Patent Court (UPC) Agreement will most likely be postponed until September 2016 and be decisive for the Unitary Patent (UP) system to go live. Wouter Pors, partner of law firm Bird & Bird, has said this in an interview with Kluwer IP Law. Thirteen ratifications are needed for the…
In a patent infringement suit that Unwired Planet brought against Apple and Research in Motion—for the infringement of three patents on a data communications network that included communications between a mobile device and a network server—a federal district court properly construed the claim term “mobile device” as “a portable wireless two-way communication device that does…
Swiss Federal Patent Court, Case No O2013_006 (7 October 2015) The Swiss Federal Patent Court partially revoked/upheld the Swiss Part of EP 0 944 937 B1 concerning a hydraulic pressing device in nullity proceedings initiated by the Swiss Von Arx AG against the patent owner, the German Gustav Klauke GmbH. The patent in suit pertains…
One of the legacies that the year we are about to leave behind will leave us is the Judgment of 6 October 2015 handed down by the Court of Justice of the European Union (“CJEU”) in Case C-471/14 Seattle Genetics Inc. v. Österreichisches Patentamt (“Austrian Patent Office”). The case had its origins in a request…
Meredith Wilson famously wrote in 1951 that it was beginning to look a lot like Christmas. Well, the various versions of this song by Crosby, Mathis, Bublé, Minogue et al may be on a near constant loop on the radio but in all honesty, with the daffodils out and the trees in full bud, it’s…
