The Supreme Court held that where judgment is given in an English court that a patent (English or European) is valid and infringed, and the patent is subsequently retrospectively revoked or amended (whether in England or at the EPO), the defendant is entitled to rely on the revocation or amendment on the enquiry as to…

The Hungarian Constitutional Court has ruled that the Unified Patent Court Agreement can’t be ratified, as no appropriate mechanism for the ratification is available. According to a report by Bristows, the Hungarian Minister of Justice, acting on behalf of the government, filed a motion (No. X / 01514/2017) on 18 July 2017, requesting the Court’s opinion…

The FCJ held that an in vitro assay for testing for a specific immunological binding (namely testing for antibodies against Borrelia burgdorferi) using a polypeptide defined by its amino acid and a polypeptide defined by the nucleic acid sequence encoding the same, or a polypeptide encoded by segments of the nucleic acid sequence, is sufficiently…

According to the FCJ, when it comes to the question of whether a particular solution was obvious to the skilled person, it is irrelevant whether a different solution was more obvious. In the present case, it was decisive that two options were available for the skilled person, both of which were suitable for the purpose…

Following its denial of Actavis’ claim for declarations of non-infringement in respect of Eli Lilly’s European Patent, the Court of Appeal ruled on a number of procedural matters arising from that judgment.  These included the form of order for costs of the trial and the appeal; a reduction in an interim payment made by Lilly…

In injunction proceedings decided in just a few hours (likely a record in Spanish patent litigation) in the context of the 2018 Mobile World Congress, Barcelona Commercial Court no. 4 granted a preliminary injunction. However, it also allowed the infringer to lift the injunction by providing a “counter-guarantee”. Thus far a very exceptional occurrence, this…

The Patent Trial and Appeal Board correctly determined that claims 1-8 of a patent for a method for drilling holes for dental implants, held by Sirona Dental Systems GmbH, were unpatentable as obvious in light of prior art, the U.S. Court of Appeals for the Federal Circuit has ruled. Further, the petitioners, Institut Straumann AG…

In the last week of his term as president of the European Patent Office and a day before the official opening of the new EPO building in The Netherlands, president Benoit Battistelli lost three high-profile cases at the Administrative Tribunal of the International Labour Organisation  (ILOAT). The tribunal said Battistelli’s decisions to dismiss SUEPO leaders…