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On 20 September 2018, the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 (Bill) was tabled in Australia’s House of Representatives. Among the amendments proposed was the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA), a change that could significantly impact IP licensing and assignment arrangements within Australia. The…
On 1 July 2018, António Campinos became president of the European Patent Office, as successor of Benoit Battistelli, whose authoritarian leadership and conflicts with staff members and union leaders led to years of deep social unrest at the EPO. Hundred days after the leadership change, there is cautious optimism Campinos is committed to improving the…
The UK Government issued guidance today on patent issues to allow businesses and citizens to understand what to do in a ‘no Brexit deal’ scenario. The so-called Technical Notice includes information about the Unitary Patent and Unified Patent Court, and explains that it is unclear whether the UP system will start before the Brexit date of 29…
The patent world is holding its breath in expectation of the judgment of the German Federal Constitutional Court (BVerfG) on the complaint that was filed last year against ratification of the UPCA. The judgment is even more crucial as the UK is preparing for Brexit and once it has left the European Union, this will…
The FCJ confirmed that, when formulating the problem as a starting point for assessing inventive step, it is not permissible to narrow the problem by referring to prior art not cited in the patent. The patent relates to a sound generator, in particular for parking assistance systems for vehicles. The sound generator is equipped with…
A catalog published at a trade conference by one of the inventors of U.S. Patent 8,714,977 (the “’977 patent) was publicly accessible to the dental industry in March 2003, and therefore was prior art, with properly corroborated evidence, the United States Court of Appeals for the Federal Circuit ruled in a precedential opinion. The Federal…
A recent study by two eminent scholars from the Max Planck Institute for Innovation and Competition (MPI) on „The Impact of Brexit on Unitary Patent Protection and its Court“, which is available here, casts significant doubts whether it will be possible for the United Kingdom to stay in the UPC Agreement after the UK has…
This case concerns the question of whether, and under what conditions, a supplier of infringing products who is located abroad can be held liable for infringement of the German patent for acts committed abroad. The FCJ held that the supplier may be liable if he was aware or should have been aware of the fact…
One of the points sometimes debated in patent cases is the date when a claim for patent infringement becomes “time-barred” (i.e. the date on which it “prescribes”). The traditional position adopted by the courts in countries like Germany and Spain is that in the case of continuing acts of infringement, the time-barred period (e.g. 5…
AstraZeneca had filed an application for interim relief based on two patents, DK/EP 1250138 T4 (“EP 138”) and DK/EP 2266573 T3 (“EP 573”) against Sandoz, which conceded that to the extent that the patents were valid, the Sandoz product “Fulvestrant Sandoz” infringed upon the two patents. Sandoz took the position, however, that the patents should…
