Case Law

Case Law, Poland, Scope of protection

(Allen & Overy)/

The Supreme Administrative Court stated that the patentability requirements used by the Polish Patent Office should be construed in compliance with the patentability requirements provided in the European Patent Convention (EPC), and held that the technical character of a computer implemented invention should be examined by applying a liberal interpretation of the patentability requirements adopted…

Case Law, Inventive step, Italy, Validity

(Trevisan & Cuonzo)/

The District Court of Turin rejected Merck’s requests for a preliminary injunction, finding lack of inventive step of the claimed co-formulation of dorzolamid and timolol based on a prima facie assessment following the problem solution approach of the EPO Boards of Appeal. Click here  for the full text of this case. A summary of this…

(Indirect) infringement, Case Law, Equivalents, Italy

(Trevisan & Cuonzo)/

The Supreme Court revoked claims 1 to 4, and found claim 5 to be novel and inventive but not infringed, because the result of defendant’s machine was not obtained by the claimed means. The court sanctioned the appeal court’s decision that the doctrine of equivalence could not be applied. Click here  for the full text of…

Case Law, Damages, United Kingdom

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The High Court considered the extent to which a claim for damages in a patent infringement case could be extended at the damages inquiry stage. It found that whilst it is just and convenient to extend the inquiry to infringing acts of the same type as that on which the Court in the main action…

Case Law, Chemical Engineering, Netherlands, Pharma, Procedure, Second Medical Use

(Brinkhof)/

Regarding the interpretation of “offering for the purpose” (of making, using etc.) in the sense of Article 53(1)(b) Dutch Patent Act, the Supreme Court held that offering has to be construed broadly and is not restricted to offering for sale. The defendant submitted its generic product for listing in G-Standaard, the database for medicinal products…

Case Law, EPC, Extension of subject matter, Opposition

(V.O.)/

The objection raised by the opponent that the protected subject matter of a divisional application extends beyond the content of the parent application does not represent a “fresh ground for opposition”,. This bbecause in the present case i.c. the opposition division hadhas earlier raised an unrelated objection earlier, holdinstating that the patent based on the…