Jan Zillies, Author at Kluwer Patent Blog

Patent case: Reit-/Fahrhalfter, Germany

Jan Zillies (Hoffmann Eitle)/May 28, 2018January 22, 2019

The Federal Patent Court (FPC) ruled on the interplay between limitation proceedings before the EPO and a national nullity action, and the circumstances in which a request for a declaratory judgment concerning (partial) termination of proceedings in relation to the limited part of the patent is admissible and well-founded. The FPC held that where the…

Case Law, Germany, Inventive step

Tramadol/Acetaminophen, Federal Court of Justice (Bundesgerichtshof), 18 September 2012

Jan Zillies (Hoffmann Eitle)/March 3, 2014

General disadvantages of fixed-dose combinations cannot reduce the reasonable expectation of success derivable from the prior art with respect to the formulation of a pharmaceutical composition containing two specific active pharmaceutical ingredients. A synergistic effect is not suitable to establish inventive step of a fixed-dose combination of two active pharmaceutical ingredients, where the synergistic effect…