Judges deciding patent matters in Brazil usually have none to limited technical background. In view of the complexity of patent cases, it is often that we see judges appointing a court examiner, as defined by law: “the judge will be assisted by a court expert whenever the proof of the fact depends on technical or…
The Brazilian Patent Office (BRPTO) is improving its examination procedure, trying to reduce the backlog. As more decisions are issued, we are learning about the approach of the examiners to different topics in patent law. An ongoing hot topic is whether the examiners are accepting post-filing experimental evidence during patent examination. The Metallurgy and Material…
The transposition of the 2016 directive on trade secrets into French law by the law of 31 July 2018 and its implementing decree could have led to the expectation of difficulties with the so-called “saisies-contrefaçons”. The main one to remember is undoubtedly the application of the new article R. 153-1 of French Commercial Code to…
As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ. Despite the challenges that the global pandemic has brought, the English Patents Court has coped remarkably well and there has been no let-up in the progress of…
It’s an understatement to say that it’s not always very easy to be a French patent litigator in a transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory…
It’s an understatement to say that it’s not easy to be a French patent litigator in transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory at the bottom…
As reported in last week’s post, on 20 January 2021 Birss J handed down what may be his last first instance decision before his elevation to the Court of Appeal. The first post on the judgment considered the issues of identifying the skilled person, insufficiency and infringement. This second part considers the decision relating to…
On 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal. If that turns out to the case then Illumina Cambridge Limited v Latvia MGI Tech SIA and others is a substantial judgment to mark this departure. In this case…
As winter sales have just started in France, it is an ideal moment to mention an occasion to seize in Patent Law: the important judgment regarding the saisie-contrefaçon rendered by the Paris Court of Appeal on November 6, 2020 in the Manitou case. The Manitou case is well known to followers of French case law:…
After having us recently hummed the Beatles’ Ob-La-Di Ob-La-Da song with the TRUVADA case (see here), French case law is now flirting with New York gangs with a decision about a “Kit Crack” (not to be confused with the “Kit Kat”), reminding us the Notorious Big’s Ten Crack Commandments rap (listen here). In short: a new opportunity for…
