Case Law

Case Law, United States of America

(Wolters Kluwer Legal & Regulatory US)/

The asserted claims of a DuPont patent disclosing a process for preparing flexographic printing plates were invalid as obvious over prior art and therefore could not support infringement contentions against DuPont’s competitor, MacDermid Printing Solutions, the U.S. Court of Appeals for the Federal Circuit has held. In addition, MacDermid’s Digital CST printing plates did not…

Case Law, Netherlands

(Brinkhof)/

Therapeutic effect of a 2-10mg once yearly dosage regimen is made plausible by an example showing clinical effect of dosage regimens of 0.25, 0.50 and 1mg per three months, 2.0 mg every six months and 4.0 mg once a year. For the purpose of the problem-solution approach, two documents describing a treatment of diseases which…

Case Law, United Kingdom

(Bristows)/

The High Court has granted the Claimants’ request for declarations of non-infringement (“DNIs”) regarding several national designations of the Defendant’s European Patent for a pemetrexed disodium and vitamin B12 combination in respect of reconstitution of the Claimants’ lyophilised pemetrexed product when reconstituted in dextrose solution. The issues in this case were remitted by the Court…

Case Law, EPO, Spain

(Clifford Chance)/

One of the possible methods to examine incentive activity is what is known as the “problem and solution approach” usually applied by the European Patent Office (“EPO”). Spanish Courts like this methodology, as it allows the Judge to subject the opinions expressed by the experts to an objective test. For example, in a judgment of…

Case Law, United States of America

(Wolters Kluwer Legal & Regulatory US)/

The Patent Trial and Appeal Board did not err in affirming a patent examiner’s rejection of three claims of an IPCom patent on a system for allowing access rights to cell phone channels, the U.S. Court of Appeals for the Federal Circuit has ruled. Because all three claims were anticipated by the GSM 04.60 Specifications,…

Case Law, EPO, EPO Decision

(V.O.)/

An EPO board held that observations filed by third parties during inter partes appeal must be disregarded by the board, unless they concern amendments during opposition or appeal, in which case the board has discretion whether or not to consider the observations in the examination of the amendments. Also when a party to the appeal…

Case Law, Denmark

(Bugge Valentin)/

The Danish Maritime and Commercial Court recently rendered judgement (SH2016.T-5-14) in a matter between Ametek Denmark A/S and the intellectual property consultancy Zacco Denmark A/S. As an external patent agent, Zacco had assisted Ametek in filing several patent applications regarding Ametek’s invention of a temperature calibration system. However, in an international patent application and in…

Case Law, United States of America

(Wolters Kluwer Legal & Regulatory US)/

A federal trial court erroneously concluded that patent defendant Suunto Oy lacked minimum contacts with the State of Delaware to support the assertion of specific personal jurisdiction in a patent infringement suit filed by Polar Electro Oy, the U.S. Court of Appeals for the Federal Circuit has ruled. The judgment of the district court was…

Austria, Case Law

(Gassauer-Fleissner)/

Contrary to established case law and practice, the Higher Regional Court of Vienna stayed preliminary injunction proceedings in a patent infringement matter and conducted an oral hearing. The proceedings were stayed until the EPO’s Technical Board of Appeal’s decision, confirming the validity of the patent in suit, was available in writing; the oral hearing was…