Read all the (latest) blogs from:
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
The machine translations provided by Google and the European Patent Organization have to improve considerably before the Czech Republic will ratify the UPC agreement. Josef Kratochvil, president of the Czech IPO Office, told Kluwer UPC News reporter that the language issue is the most serious problem the Czechs have with the patent package. It is…
Before diving into this year’s Oktoberfest with the Munich IP community, colleague contributor Thorsten Bausch summarized the German Federal Court of Justice’s case law of Summer 2014. As the days of raising beer mugs and polka dancing come to an end in Munich, so does the Dutch Summer (finally). Time for an overview of what…
On 12 September 2014, the Barcelona Court of Appeal (Section 15) handed down a decision confirming a preliminary injunction preventing a Spanish company from marketing capsules claimed to be compatible with what is known as the Nespresso® system, which raises a handful of interesting legal points. The first point of interest discussed was whether or…
As already described in a previous blog entry the Belgian Supreme Court nullified a decision of the Antwerp Court of Appeal granting a descriptive seizure (“beschrijvend beslag”; “saisie-description”) on the presumption of validity of (European) patents. The written decision of the Supreme Court is now available (link). The Supreme Court has followed the advice of…
In its decision of 7 August 2014 (docket no. I-2 U 91/13 – ‘Garage Roller Door’), the Higher Regional Court Dusseldorf granted a non-using patent co-owner a right to compensation from the other co-owner that uses the patent and profits from this use. The parties are competitors in the field of manufacturing and selling garage…
by Bernward Zollner In a recent decision of the Federal Supreme Court dated 26 August 2014 (docket-No. X ZB 19/12) a further appeal of an applicant pursuing his patent application was rejected. Already the German Patent and Trademark Office had rejected the patent application. The Appeal of the applicant against this decision had been rejected…
The Danish Maritime & Commercial Court recently granted an interlocutory injunction in a patent dispute relating to 2nd medical use claims (Novartis v. Orifarm Generics case A-0006-14)). The Novartis patent claim language included a specification for a TTS (transdermal therapeutic system) for administering Rivastigmine in the treatment of Alzheimers: “Rivastigmine for use in a method…
To the extent that summer 2014 existed at all in central Europe, experts agree that it is now definitely over. There is some controversy whether we ever had summer in Germany this year, but at least it was proven that life without air conditioning is possible. Meanwhile, the Munich IP Community is busily preparing for…
1. Introduction Preliminary injunction (“PI”) and seizure proceedings are powerful weapons in the hands of patentees in Belgium. Often, the success of a product launch and the outcome of a patent dispute will in practice be determined by a PI or seizure that prevents or ceases market entry by the alleged infringer. In the context of…
Tribunal de grande instance de Paris, 3rd chamber, 1st section, 3 July 2014, Evinerude v. Philippe Giraudeau and Aair Lichens While the US decisions in Mayo Collaborative Services v. Prometheus Laboratories Inc. and Myriad Genetics led the USPTO to issue new guidelines to the attention of examiners on the procedure for subject matter eligibility analysis of claims reciting or involving “interalia” laws of nature and…
