Lithuania

Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, European Union, Extent of Protection, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Pharma, Poland, Portugal, Romania, Scope of protection, Slovakia, Slovenia, Spain, SPC, Sweden, United Kingdom, Validity

(Bristows)/ /2 Comments

Yesterday, 25 April 2018, AG Wathelet has handed down his opinion in the Teva v Gilead reference (Case C-121/17) suggesting that the question should be answered as follows: “The fact that a substance or combination of substances falls within the scope of protection of the basic patent is a necessary, but not sufficient, requirement for…

European Union, Lithuania, Unitary Patent, UPC

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Lithuania completed the ratification formalities of the Unified Patent Court Agreement on 24 August 2017 by depositing its instrument of ratification with the secretariat of the EU Council in Brussels. It is the 14th member state to do so. Earlier this month, Estonia ratified the UPCA.  Austria, Belgium, Bulgaria, Denmark, Finland, France, Italy, Luxembourg, Malta,…

Case Law, Lithuania

(METIDA Law Firm)/

In relation to a dispute concerning the novelty of one invention, the Court held that testing a new product in a special laboratory under contract is not public as such. The testing process and its results are not usually available to third parties, so it cannot be equated to disclosure of information about the product…

Case Law, Lithuania

(METIDA Law Firm)/

The court upheld the decision that the patent applications in question had been appropriately considered and that the examiner had established that there were formal reasons for refusing the patent applications.  It also ruled that since the patent applications had been refused solely on formal grounds, the Plaintiff still had the right to file those…

Brexit, European Union, Lithuania, Unitary Patent, UPC

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The unicameral parliament of Lithuania has adopted two laws concerning the future Unitary Patent system. A bill on ratification of the UPC Agreement and a bill on the establishment of a Nordic-Baltic regional division of the UPC were approved on 3 Novermber 2017. They will enter into force on 1 July 2017, according to the…

(Indirect) infringement, Austria, Countries, Damages, European Union, Germany, Lithuania, Poland, UPC

(Rospatt Osten Pross)/

The newly established 15th Patent Senate of the Appeals Court of Düsseldorf (Presiding Judge Dr. Ulrike Voß) has referred a number of questions concerning the calculation of damages in IP cases to the European Court of Justice. This opens the floor for the ECJ to talk about damages, as far as I know for the…

Case Law, Lithuania, Procedure, SPC

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In this case the claimant  filed an application for a supplementary protection certificate (SPC), however the application was refused by the Lithuanian patent office. Appeals before national courts were unsuccessful. The Supreme Court referred the question whether the six-month period for application for an SPC begins on the date of granting Community marketing authorization, or…