Board’s obviousness finding was predicated on erroneous finding that claim term “mechanical control assembly” was not a means-plus-function term. The Patent Trial and Appeal Board erred in finding that the term “mechanical control assembly” used in two independent claims of a patent directed to a steering and driving system for zero turn radius vehicles had…
The Court rejected a claim that a new action brought by the claimant asserting additional patents from its portfolio was an abuse of process, finding that a radical change in position by the defendant had driven the need for the claimant to bring an action on other patents. Case date: 17 April 2019 Case number:…
A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step. A European patent was granted for a device for the desynchronization of activity of pathologically active brain areas. Specifically, the claim defined ‘control means, which are designed such…
The Court of Appeal allowed ZyXEL’s appeal, finding that in light of its waiver of its RAND licence rights, declaratory relief to determine the scope and terms of the licence which TQD was bound to offer to the two ZyXEL parties would no longer serve a useful purpose. Case date: 18 July 2019 Case number:…
Proceedings for the preservation of evidence and the subsequent infringement proceedings are two separate proceedings and only the latter is relevant for starting an intervention in opposition proceedings according to Art. 105 EPC. The admissibility of an intervention should be established at the moment of intervention and this cannot be changed by later events. Case…
Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of uncertainty looming overhead. Under Chinese law, to bring a claim for declaratory judgment in a patent dispute, the claimant must establish that: (1) the patentee sends a…
The Federal Supreme Court confirmed the Federal Patents Court’s (FPC) Decision of 12 June 2018 in which the FPC decided that article 140k of the Swiss Patent Act lists in an exhaustive manner all nullity grounds which can be invoked against SPCs. The six month application deadline of article 140f PA is not listed in…
On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent’s drawings for the purpose of interpreting the scope of protection of the claims. This judgment has reversed a previous first instance decision which, according to the Court of Appeal, unduly relied on…
The holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take a licence. Then, said licence needs to be offered on FRAND terms. These steps are guidelines for good faith negotiations between the parties….
Regulatory Data Protection (RDP) issues are dealt with only by the Licensing Regulation of the Ministry of Health (MOH) of Turkey. In principle the relevant provision grants protection of data of originators for a term of 6 years as of the date of first Marketing Authorisation granted in the EU. However there is no mechanism…
