Since Rule 140 EPC is not available to correct the text of a patent, a patent proprietor’s request for such a correction is inadmissible whenever made, including after the initiation of opposition proceedings. Click here  for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case. The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests…

In a decision dated 14 June 2012, the Swiss Federal Patent Court granted a patent holder’s request for preliminary taking of evidence by means of the creation of a precise description of an allegedly infringing process. The Patent Court ordered that the description shall be carried out at defendant’s premises by a technically trained judge…

The Regional Court in Dusseldorf and the Polish Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity and that a third party’s manufacturing and selling to the testing entity is not exempted.

On 8 June 2012, the Tribunal de Grande Instance of Paris rendered an interesting decision concerning Losartan. It particularly deals with two questions: the conditions of the SPC’s paediatric extension (Regulation (EC) No. 1901/2006) and the preliminary injunction as organized by Article L. 615-3 (implementing Article 9 of Directive (EC) No. 2004/48) of the French Intellectual Property Code. The US company E.I….

The pan-European litigation between Danish companies Danisco A/S (today a part of DuPont) and Novozymes A/S has been extensively reported in posts on this blog (12/08/2011; 21/09/2011; 10/01/2012; 09/07/2012; 03/08/2012). The litigation has involved Novozymes’ European Patent EP 1 804 592 B1 on the manufacture of certain enzyme-containing animal food pellets. In a decision announced…

By ruling of 10 July 2012, the Court of Turin decided in the first instance an infringement action filed by Italian company Novamont against German and French companies Biotec and Biosphère, for the alleged infringement of three Novamont patents concerning starch based plastic materials used in the production of biodegradable shoppers. The Court denied the…

On 30 July 2012, Commercial Court number 5 of Barcelona handed down an interesting decision that has brought again to the fore the legality of so-called “preparatory acts” (in particular, obtaining marketing authorisation and price). The facts of the case may be summarised as follows: Merck Sharpe & Dohme (“MSD”) owns a Supplementary Protection Certificate…