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On 18 July 2023, the Court of Appeal handed down its judgment in Vernacare Limited v Moulded Fibre Products Limited [2023] EWCA Civ 841, an appeal from the decision of Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court). The Court of Appeal, with Sir Christopher Floyd giving…
In decision T 438/19 Technical Board of Appeal 3.3.03 has ex officio (!) referred three questions of law to the Enlarged Board of Appeal (now handled as G 1/23) in order to resolve a perceived divergence in the case law. These questions concern the question whether and in how far a (commercial) product and technical…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright Blog…
“One person’s happiness is another person’s misfortune” (i.e., “le bonheur des uns fait le malheur des autres”)… This French proverb could easily be applied to the subject I’m dealing with today: conflicts between UPCA and national laws, which will undoubtedly be a joy for legal Counsels and a misfortune of the system’s users, mostly because…
The combination of two well-known high blood pressure medicines did not result in unexpected patient benefits. The U.S. Court of Appeals for the Federal Circuit has upheld a decision by the Patent Trial and Appeal Board denying as obvious over prior art an application to patent a method of co-administering two well-known antihypertensive agents to…
The Administrative Committee of the Unified Patent Court (UPC) has unanimously decided to establish a section of the UPC’s Central Division in Milan, as a replacement for London. As the UPC reported: ‘Based on article 87(2) of the Unified Patent Court Agreement the Committee took a decision to amend the Agreement with a view to…
In a technically complex infringement case, Barcelona Commercial Court no. 1 establishes ad hoc procedural rules for quantification of damages at the enforcement stage. This sheds light on the procedure applicable to follow-on damage quantification proceedings, which are a critical element of enforcement strategy. As such, this case has caught the attention of Spanish patent…
Three technically qualified judges (TQJ) have resigned prior to the start of operations of the Unified Patent Court. According to a UPC announcement, Roman Maksymiw (DE), Grégoire Desrousseaux (FR) en Kirsikka Etuaho (FI) handed in their resignations received prior to 31 May 2023. The reason is not mentioned, but it is likely it is the…
As many readers will know, Apple and Optis have been engaged in international litigation concerning Standard Essential Patents (SEPs) since 2019. On 26 February 2019, Optis filed an action against Apple in the English Patents Court for infringement of the GB designations of eight European Patents. Following a finding that at least one of Optis’…
Italy, France and Germany have agreed on and proposed a division of the competences that were originally designated to London, between the three seats of the UPC central division in Milan, Paris and Munich. Milan could start taking cases around July next year. According to the proposal of the three member states, Milan will be…
