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Whilst the Italian Courts are not famous for awarding substantial damages in IP cases, a recent decision of the Rome Court of Appeal seems to have gone in the opposite direction, albeit taking a very long time to deliver the result. In this article, we report on a case started in 2012, which came to…
A personal account on the oral proceedings I recently had before the Boards of Appeal I recently had oral proceedings at the EPO’s Boards of Appeal for the first time since the outbreak of the COVID-19 pandemic in Europe. As many practitioners may be interested in how this is organized, I am happy to share…
The tendency of English people to be understated in their use of language (other than on Twitter…) is often joked about with continental friends and colleagues. For example, when an English person expresses a slight disagreement, their continental counterpart might have felt more able to be blunt and say that something is just plain wrong. …
As readers of this blog will be aware, the EPO applies a quite peculiar and unique method to the analysis of inventive step, the “problem-solution approach”. This approach breaks the statutory question of Art 56 whether the invention was, having regard to the state of the art, obvious to a person skilled in the art,…
The provisional application period of the Unified Patent Court Agreement can start before the end of this year. That is the expectation of Winfried Tilmann, consultant at Hogan Lovells and one of the founders of the court. In an interview with Kluwer IP Law, Tilmann comments on the German government’s initiative to re-ratify the UPCA…
A Study Group appointed by the Japanese Ministry of Economy, Trade and Industry has recently published Guidelines on Fair Value Calculation of Standard Essential Patents for Multi-Component Products. The Group was composed of high-profile Japanese lawyers and academics. The guidelines represent an important intervention into the ongoing debate concerning the tension between standard essential patents…
The German government has been acting fast since the Federal Constitutional Court declared void the German ratification of the Unified Patent Court Agreement in March. It submitted a new draft bill to ratify the UPCA last week, which was sent for consultation to associations and other institutions. Their deadline for filing opinions is three weeks….
The English Patents Court has often been regarded as a relatively favourable jurisdiction for patentees seeking interim relief in the life sciences arena. This is for various reasons, including the fact that the English Court follows the approach adopted by the House of Lords in the American Cyanamid case, in which an assessment of the…
Samsung Electronics Co., Ltd.—which had successfully petitioned for IPR—withdrew from the case after Huawei filed its appeal, but the U.S. government intervened to defend the PTAB’s decision. Substantial evidence supported the Patent Trial and Appeal Board’s findings that a relevant artisan would have found obvious the claims of a patent directed to enabling a mobile…
The Chartered Institute of Patent Attorneys (CIPA) in the UK has called for clarity over the patenting of innovations created by artificial intelligence. The issue has drawn a lot of attention lately. Last January, the EPO stated a machine cannot be an inventor, refusing patent applications EP 18 275 163 and EP 18 275 174 in which a machine called…
