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In 2010 the EPO’s Enlarged Board of Appeal took the badge of Swiss type claims from patentees (G 02/08), and since then they cannot use it anymore. Six years later two cases on (infringement of) Swiss type / second medical use claims are knockin’ on the Dutch Supreme Court’s door. While the Enlarged Board put…
In this case the FCJ expanded on earlier case law regarding claim construction and in particular on the issue of whether a certain embodiment would fall within the scope of protection by way of equivalence if the specification in the patent described various options, but only incorporated one of those options into the claim wording….
A district court did not err in dismissing an inventor’s claim that CBS Corporation, its CBS Interactive subsidiary, and “others under the control or direction of an independent contractor” hired by CBS to produce the television show “Big Brother” infringed two patents relating to methods and systems for obtaining real time responses from a broadcast…
According to Spanish law, the decisions handed down by the Spanish Patents and Trademarks Office (“SPTO”) in relation to applications for Supplementary Protection Certificates (“SPCs”) may be appealed to the “High Courts of Justice.” These are regional courts with jurisdiction to review the legality of administrative acts dealing with certain specific matters. In the context…
The Preparatory Committee of the Unified Patent Court reported earlier this month that its work will be finished by the time of its meeting in October, and this will be its last. Due to the political reality of the Brexit vote and the legal uncertainty over its future participation in the Unitary Patent project, it is…
In an inter partes review of a patent owned by Wi-Fi One, LLC (“Wi-Fi”), the Patent Trial and Appeal Board’s decision to deny Wi-Fi’s request to conduct discovery into whether Broadcom Corporation’ petition was time-barred under Section 315(b) of the Patent Act was not reviewable, the U.S. Court of Appeals for the Federal Circuit has…
Earlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain “Diligencias para la comprobación de hechos” (“Proceedings for the Verification of Facts”; a procedure roughly equivalent to the French “Saisie-contrafaçon“) in Spain unless they carefully prove that the application fulfils certain conditions. In particular, in its Decision…
In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the innovative pharmaceutical manufacturer, Lundbeck, and a number of generic manufacturers with whom Lundbeck had entered into agreements to settle…
A post-Brexit UK can stay in the Unitary Patent system, although a number of criteria would have to be met. That is the opinion of leading counsel Richard Gordon QC and Tom Pascoe of Brick Court Chambers, who were asked by the IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers…
A federal district court did not err in finding that a “cow monitoring system” developed by Netherlands-based Agis Automatisering did not infringe the “rumination” and “estrus” patents held by VocalTag Ltd. and SCR Engineering Ltd., respectively, the U.S. Court of Appeals for the Federal Circuit has ruled. The district court’s grant of summary judgment to…
