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Australia, Austria, Belgium, Bulgaria, China, Czech Republic, Denmark, EPC, Estonia, European Union, Finland, France, Germany, Hungary, Iceland, India, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States of America

United States of America

(Wolters Kluwer Legal & Regulatory US)/

Astornet Technologies—the licensee of a method patent for securing “vehicular gate entries” at airports—could not sue three government contractors that allegedly induced or contributed to the direct infringement of the asserted patent by the Transportation Security Administration (TSA), the U.S. Court of Appeals for the Federal Circuit has ruled (Astornet Technologies Inc. v. BAE Systems,…

Opposition, United States of America

(Foley&Lardner LLP)/

Since February 2015, hedge fund manager Kyle Bass has filed more than 30 petitions seeking Inter Partes review of U.S. patents covering approved pharmaceutical products. Kyle Bass even formed a special entity for this purpose–the Coalition for Affordable Drugs–with a stated goal of targeting patents that “have little value other than to drive up prescription…

Spain, Unitary Patent, UPC

/ /1 Comment

Now that Italy has changed its mind and joined, Spain has become the only EU member state to stay out of the Unitary Patent (UP) system. How good or bad is this for the country and its companies? And will anything change because of the CJEU’s rejection of the Spanish complaints against the UP on…

EPO, United States of America

(Bristows)/

by Dominic Adair Post-grant opposition of patents is clearly a dangerous business. On opening the final panel session in the programme for AIPPI’s 2015 World Congress in Rio – titled “post-grant oppositions: a game changer?” – moderator Márcio Merckl from Abreu, Merkl e Advogados Associados in Brazil provided the dramatic news that not one but…

Germany

(Rospatt Osten Pross)/

Dr. Simon Klopschinski In a recent judgment the Federal Court of Justice (Bundesgerichtshof – BGH) decided on the question of whether the infringement court is bound by an interpretation of the patent in suit the BGH has rendered in a nullity action concerning the same patent (judgment of June 2, 2015, court docket: X ZR…

Spain, United States of America

(Bristows)/

by Dominic Adair Day 2 of AIPPI’s 2015 Global Congress in Rio brought with it the Pharma Sessions: trade marks, personalised medicine and two sessions with a local flavour – technology transfer under the Brazilian Government’s PDP programme (promoting local laboratories) and whether the practice of Brazil’s regulatory authority (ANVISA) to challenge patents prior to…

Sweden

(Bristows)/

by Dominic Adair Following an exciting opening ceremony on Sunday evening featuring Brazilian dancers, caipirinha cocktails and black bean soup, the AIPPI’s 2015 World Congress in Rio de Janeiro began in earnest yesterday. The agenda for day 1 started with the customary round of Executive Committee meetings (followed by opportunities for a networking lunch) and…

Case Law, Germany

(Krieger Mes Graf & v. der Groeben)/

The Court held that a certain means does not relate to an essential element of the invention just because it is used for a step in the method preceding the patented steps of the method. Even where this is necessary in order to apply the method, no contributory infringement of the patent can be established….