In May 2010, in HTC Corporation v Yozmot 33 Ltd [2010] EWHC 1057 (Pat), the English High Court (Arnold J.) confirmed that it is in principle legitimate for a party to seek a judgment of the English Court on the validity of a UK designation of a European patent in the hope that the judgment…
1. According to the EPC, the right to object to a member of a Board of Appeal or of the Enlarged Board of Appeal is reserved to the party to the proceedings who suspects partiality in such a member. 2. It remains nevertheless that pursuant to Article 4(1) RPEBA, if the Enlarged Board of Appeal…
In the case at hand, Olympus filed a petition for review against the decision of the Board of Appeal to revoke Olympus’ patent. Olympus argued that it had had no opportunity to comment on the grounds for this decision as it had never received the statement of the grounds of appeal and the invitation to…
The Court of Appeals Karlsruhe has decided that under specific circumstances the enforcement by a non-manufacturing licensing company of an injunction based on a standard-essential patent may be provisionally suspended against security payment by the defendant until the decision of the appeal. Although as a general rule of German procedural law the interest of a…
