The Board of Appeal decided that the following applies as regards to sufficiency of disclosure: (1) the skilled person should be able to realise without undue burden substantially any embodiment falling in the ambit of a claim on the basis of the disclosure and/or common general knowledge; (2) the objection of lack of sufficient disclosure…
The selection of explicitly disclosed borderline values defining several (sub)ranges, in order to form a new (narrower) subrange, is not contestable under Article 123 (2) EPC when the ranges belong to the same list. However, the combination of an individual range from this list with another individual range from a second list that relates to…
On 30 July 2009, the Commercial Court of Granada ordered an ex parte preliminary injunction against two companies that had obtained authorisation to market generics of sustained-release pharmaceutical compositions of Fluvastatin in Spain. Interestingly, on 27 April 2009, Commercial Court number 3 of Madrid had rejected a request for a preliminary injunction against other companies…
The Bulgarian Patent Office (BPO) revoked patent BG 61365 and published an announcement of the revocation in its official bulletin. The revocation was appealed by AstraZeneca Pharmaceuticals LR. The Court held the decision of the BPO invalid and annulled it as the decision was not in written form and the mere publication in the official…
In these infringement proceedings initiated by Agfa against Xingraphics the Court held Agfa’s patent valid and dismissed Xingraphics cross border declaration of non-infringement due to lack of jurisdiction. Agfa’s infringement claim was dismissed as it was not sufficiently substantiated. Agfa was not allowed to supplement its evidence, since it had failed in a previous stage…
The Barcelona Court of Appeal confirmed a preliminary injunction ordered by Commercial Court number 4 of Barcelona on 9 June 2008 preventing the launch of several generics of Atorvastatin. One of the main arguments raised by the defendants in their appeal was that the company that had filed the application for a preliminary injunction did…
The High Court dismissed Novartis’ claim for infringement of its EP(UK) patent for ophthalmically compatible extended wear contact lenses. Although Novartis established that the defendants’ product falls within certain claims of the patent, and successfully resisted Johnson & Johnson’s novelty and obviousness attacks, the patent was found invalid for insufficiency. The Court held it would…
The High Court dismissed Novartis’ claim for infringement of its EP(UK) patent for ophthalmically compatible extended wear contact lenses. Although Novartis established that the defendants’ product falls within certain claims of the patent, and successfully resisted Johnson &Johnson’s novelty and obviousness attacks, the patent was found invalid for insufficiency. The Court held it would involve…
This is the first case in the Netherlands in which a patentee, whose patent was nullified in first instance in proceedings on the merits, requested a prohibition of infringement of this patent in preliminary injunction proceedings pending appeal of the first instance merits decision. The Preliminary Injunction Judge of the Court dismissed the request as…
The Brussels Court of Appeal ruled that, in calculating the period of validity of an SPC, the ‘first authorisation to place the product on the market in the Community’, within the meaning of Article 13 of the SPC Regulation, does not necessarily need to be an authorisation issued in accordance with Directive 65/55/EEC or Directive…
