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In a recently published decision, the German Federal Patent Court outlines in detail which aspects they consider relevant to arrive at a royalty rate (ruling by the Federal Patent Court dated November 21st 2017, published in GRUR 2018, 803). It is one of the rare decisions where a German Court analyzes in detail which aspects…
For manufacturers of biologics and biosimilars facing potential patent litigation in the U.S., the Biologics Price Competition and Innovation Act (BPCIA) imposes a complex statutory scheme that restricts the timing and control of disputes in federal district court. Biosimilar applicants who find themselves on the receiving end of a potential patent infringement complaint in district…
This decision by the FCJ confirms that, when assessing the disclosure of a prior art document, it is not permissible to supplement the disclosure with specialist knowledge of a person skilled in the art. The FCJ also confirmed that prior art documents filed during appeal proceedings are to be admitted into the procedure if the…
The Court of Appeal upheld the first instance decision that the patent in suit lacked novelty and inventive step over the prior art. The Court confirmed, following Halliburton v Smith, that despite the fact the parties had reached a confidential settlement and Sony was not involved in the appeal, it was necessary to hear the…
Even though subject to a confidentiality agreement an internal newsletter may be deemed publicly available if the addressees would not consider the newsletter to be covered by the confidentiality agreement. Case date: 21 November 2018 Case number: C/09/472888 / HA ZA 14-1019 Court: District Court of The Hague A full summary of this case has been published on…
The Federal Court of Justice held that if, according to the protected process, a half-finished product is to be processed in a certain way (here: one side of leather to be treated in a certain way), the purpose of the processing limits the subject of the process only insofar as the processed half-finished product has…
The Supreme Court confirmed that an unregistered patent licensee did have legal standing to file an infringement action in Spain when it filed such action as co-claimant to the patent holder. Case date: 08 February 2017 Case number: ATS 735/2017 Court: Supreme Court of Spain, First Civil Law Chamber A full summary of this case has been published…
The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the patent, the Court of Appeal pointed out that the purpose of a comparative example is that identifies something outside the claimed invention…
The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance, represents the result of activities to be expected by a skilled person and does not therefore by itself involve an inventive…
It is often said that ‘tomorrow never comes’. Likewise, a recurring theme for some years has been that ‘the UPC will start next year’. As 2019 is now well under way, it is time to consider whether this year we can be more optimistic than this, and how the turmoil in the UK Parliament affects…
