On 8 December 2011, the presiding judge of the Tribunal de Grande Instance of Paris has rendered an order in the context of the worldwide battle between Samsung and Apple. Samsung alleged that Apple’s iPhones 4S contain chips infringing its European patents No. 1 188 269 and 1 097 516, declared essential to the UMTS standard within the framework of ETSI (European…
The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar provision does not apply with retrospective effect, because its origin and rationale is different from the Experimental Use Exception; and (ii.) an invention that…
The UK Supreme Court overturned the decision of the High Court and the Court of Appeal that HGS’s patent directed towards Neutrokine, a new protein and member of the ligand superfamily, lacked industrial applicability. Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.
The Supreme Court held that disputes relating to confidential information contained in an expert’s report, filed in the framework of descriptive seizure proceedings, can be heard by the court having granted leave for these proceedings. Such disputes do not have to be adjourned until the proceedings on the merits. Click here for the full text of this…
By Miquel Montañá In year 2021, Italy will celebrate the 600th anniversary of the patent granted by the Republic of Florence to Filippo Brunelleschi for his ship “Il Badalone”, the first patent ever granted. Quite ironically, the fathers of the first patent, and of the first Patent Act, approved by the Republic of Venice in…
The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property Law, the extent of protection conferred by a patent shall be determined by the scope of the patent claims….
by Stephan von Petersdorff-Campen – rospatt osten pross Where a patent has been exclusively licensed to a third party, it is this licensee who is directly prejudiced by an infringement of said patent. But a 2008 verdict by the German Federal Supreme Court (BGH) also allows the patent holder as licensor to bring his own…
Just a few years ago, the German IP profession suddenly became very, very nervous. The Regional Court of Düsseldorf had issued its first of a handful of decisions wherein the German part of a European Patent was declared ineffective ex tunc for lack of a proper translation of the patent specification into German. This was…
The German company Hewlett-Packard GmbH (hereinafter referred to as Hewlett-Packard) was granted on 31 March 1993 the European patent EP 0 309 596, entitled “pumping apparatus for delivering liquid at high pressure”. Under an assignment contract dated 29 October 1999, registered in the French Patent Register on 21 August 2000, the German company Agilent Technologies Deutschland GmbH (hereinafter referred to as Agilent) became the…
Over the last few years, Spanish Courts have struggled to resolve an avalanche of cases where the core of the discussion was the legal effects of TRIPS on the effects of the Reservation made by Spain when it joined the European Patent Convention in 1986. According to this Reservation, patents filed before 7 October 1992…
