The Court of Appeal of the Hague held that entering into a second exclusive licence contract is possible, but the failure to end the first contract in the present case constituted unlawful behaviour and tort. Further, the Court discussed the extent to which a tort between two parties can affect the liability of third parties….
Cars and other motor vehicles operate such sophisticated communication technologies that today they operate almost like “smartphones on wheels”. This dependency on electronic communication means auto-manufacturers require access to the latest 4G and 5G standards essential to navigation and communications. Of course, these essential technologies are often patented and thus there are a range of…
The PTAB did not err in finding that airplane interior designers would have been motivated to combine prior art to arrive at the space-saving configuration disclosed by the challenged patents. Challenged claims of patents related to space-saving technologies for aircraft lavatories and other aircraft enclosures were correctly determined by the Patent Trial and Appeal Board…
The question whether SPCs should be available for new therapeutic applications of previously approved active ingredients has been a matter of debate ever since the SPC Regulation for Medicinal Products came into force in the European Union more than a quarter-century ago. While a literal reading of the SPC Regulation would clearly seem to exclude…
Whilst the Italian Courts are not famous for awarding substantial damages in IP cases, a recent decision of the Rome Court of Appeal seems to have gone in the opposite direction, albeit taking a very long time to deliver the result. In this article, we report on a case started in 2012, which came to…
The tendency of English people to be understated in their use of language (other than on Twitter…) is often joked about with continental friends and colleagues. For example, when an English person expresses a slight disagreement, their continental counterpart might have felt more able to be blunt and say that something is just plain wrong. …
Samsung Electronics Co., Ltd.—which had successfully petitioned for IPR—withdrew from the case after Huawei filed its appeal, but the U.S. government intervened to defend the PTAB’s decision. Substantial evidence supported the Patent Trial and Appeal Board’s findings that a relevant artisan would have found obvious the claims of a patent directed to enabling a mobile…
Nippon Shokubai filed an opposition against the grant of BASF’s patent. In relation to the payment they filed EPO Form 2300E, which – erroneously – did not indicate any payment method in box X ‘Payment’, which then indicated ‘not specified’. In the accompanying letter the professional representative had indicated that the opposition fee could be…
Biolitec owns a European patent on an endoluminal laser ablation device which comprises a flexible wave guide (optical fiber) which at the distal end includes a radiation emitting surface to emit radiation laterally with respect to the axis of the fiber. Tobrix commercializes two types of optical fiber for treatment of varicose veins that allegedly…
The case concerns the transfer of a priority right from an employee to his/her employer and the relevant time zone for determining the priority: 1. The validity of the transfer of rights to an invention by the employer by claiming it as a service invention is governed by the law applicable to the employment contract….
