Case Law, Chemical Engineering, Enforcement, Exceptions to patentability, Inventive step, Novelty, Prior use right, Sweden

(Bird & Bird)/

The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by the proprietor the patent was declared invalid in its entirety. Infringement, exceptions to patentability and prior use rights were also considered by…

Case Law, Chemical Engineering, Extent of Protection, Inventive step, Procedure, Sweden, Validity

(Bird & Bird)/

In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics’ European patent as far as Sweden was concerned, but held, other than the District Court, that the alleged infringer did not infringe the patent at issue. The Court of Appeal further held that a patent can…