When this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word “Spanish” before “Supreme Court”, and the blog was written in English, the reader had been misled; he initially thought that the judgment discussed had been issued by…

On 30 June 2017, the Danish Maritime and Commercial High Court issued a preliminary injunction against MBH-International A/S’ and its Danish distributor’s, OneMed A/S, import, offer for sale and sale of the urinary catheter assembly “Qufora OneStep”. Coloplast had applied for a preliminary injunction against the “Qufora OneStep” catheter assembly with reference to its European…

One of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was “the publication of the judgment finding against the infringer of the patent, at this party’s expense, through announcements and notifications to the interested persons. This measure will only be applicable when…

Preparations for the launch of the Unitary Patent system are progressing, despite the uncertainties and delays in the ratification process in Germany and the UK. The Case Management System (CMS) of the Unified Patent Court (UPC) will be ready ‘as of August 2017 and until the opening of the Court’, and tailored to prepare for the…

The Court of Appeal (Floyd LJ, Kitchin LJ and Longmore LJ) held that there was no issue of principle which prevented the courts from exercising their discretion to grant declarations of the type postulated in Arrow Generics Ltd (i.e. declarations that a product was old or obvious in patent law terms at a particular date)…

By Gregory Bacon The UK Supreme Court announced this morning that it has allowed Eli Lilly’s appeal and held that Actavis’ pemetrexed products directly infringe Lilly’s European patent to pemetrexed disodium in the United Kingdom, France, Italy and Spain. The Court has also dismissed Actavis’ cross-appeal and held that Actavis’ products would also indirectly infringe…

Public prior use when a third party discloses all features of the patent-in-suit before the priority date to the alleged infringer, without concluding a non-disclosure agreement with the alleged infringer. A full summary of this case has been published on Kluwer IP Law

The search for a successor of Benoît Battistelli as president of the European Patent Organisation has started in full with the publication of a vacancy notice on the EPO website. It is obvious from the text that the controversial Battistelli, whose term in office ends in June 2018, has no chances to stay on. According…

The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even if the issue is raised merely as a defence and with effects limited to the parties to the proceedings. A full summary of this case has been…

In relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on 14 July 2016 in which it declared that the Defendant had directly infringed this patent by reproducing one of the…