The question at issue was whether a verbal preparatory agreement between the parties on a patented invention had given rise to a valid license agreement and ensuing entitlement to damages. The Supreme Court affirmed an earlier Court of Appeals decision, for the most part, by finding that a (patent) license agreement must be in written…
The court held that the plaintiff who is listed as proprietor of the patent in the patent register is allowed to claim both injunctive relief and damages as well as claims to rendering accounts and provision of information to prepare the damage claim for all infringing acts committed during the time of his/her enlistment, despite…
The Appellant had obtained both utility model and patent protection for a mechanical invention. The Defendant argued that the subject matter of both rights did not fulfil the novelty requirement, because it had been disclosed to the public by demonstrations of the invention to both individual persons and corporate entities prior to the priority date….
Atanas filed a patent application for a ‘Gravity Power System’. The Bulgarian Patent Office (BPO) dismissed the application because the claimed invention was not industrially applicable and therefore not patentable as the system’s principle of functioning was contrary to the law of energy conservation, i.e. the system would always need an external force in order…
The Court of Appeal has held that the skilled person (which can be a team of individuals) may vary depending on the question in issue (e.g. obviousness, novelty, sufficiency or construction). The patents in suit taught the use of marine Controlled Source Electromagnetic (“CSEM”) surveying to locate oil or gas. For the purposes of sufficiency…
In this case the Supreme Court affirmed that the transfer of a computer program could be regarded as an act of indirect patent infringement. Although the commissioned research and development of the program was covered by the experimental use/research exemption, a majority of three judges held that the transfer of the results of such research…
This case concerned the issue of patentability. The Danish Patent and Trademark Office (DKPTO) refused a patent application on the grounds that the invention only consisted in an automation of a known process. This DKPTO decision was appealed before the High Court and subsequently brought before the Supreme Court. The Supreme Court upheld the High…
The Court of Appeal held that AGA’s patent was not infringed by Occlutech in a case of septal occlusion devices, which feature braided metal strands and have a collapsed configuration for delivery through a channel in a patient’s body.Occlutech’s devices, which feature strands that are welded at one end of the device were found to…
In this case, the Court of Appeal of Paris affirmed a judgement of the Court of First Instance of Paris holding that a product “may not acquire novelty simply because it is prepared in a purer form”. The Court decided that “the parameters that are not inherent to the chemical compound itself, but rather are…
Questions submitted to the Enlarged Board. During opposition the Proprietor announced that it wanted a correction of the decision to grant from the examining division. The opposition division decided to stay proceedings and the Opponent appealed the decision to stay. The Board submitted questions to the Enlarged Board, asking (1) whether a request for correction…
