An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e. a monoclonal antibody with a neoplastic agent), that combination is the patent’s contribution to the art. An individual component is not equivalent to the…
If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and legal expenses of the counterparty have to be imposed entirely on the party that acted incorrectly. Click here for the full text of this case. A…
Patentability of an invention is not excluded by the mere fact that the only feature of the patent claim not comprised in the state of the art is a dosage regime. Click here for the full text of this case. A full summary of this case has been published on Kluwer IP Law.
