Scope of protection

Scope of protection, United Kingdom

(Bristows)/ /1 Comment

The following summarises another interesting decision for the rejuvenated Patents County Court which is continuing to flourish as a forum for smaller intellectual property disputes of all kinds. Merck is the proprietor of European Patent (EP (UK) 1 480 717) which, in relation to the product montelukast (Singulair, used for the treatment of adult and…

(Indirect) infringement, Germany, Injunction, Procedure, Scope of protection

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On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions concerning how the features of the claim are fulfilled in the attacked embodiment. Even more importantly, the scope of an infringement verdict is determined…

Scope of protection, Spain

(Clifford Chance)/

In recent years, the Commercial Courts of Barcelona have been called on to decide whether a claim depicting a Markush formula that did not show the stereochemistry of the compound protects only the racemate or also its enantiomers. The debate emerged in the context of an application for a preliminary injunction filed by Novartis based…

Austria, Case Law, Enforcement, Entitlement, Extent of Protection, Mechanical Engineering, Procedure, Scope of protection

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The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention encompasses no more than (i) the right to file a patent application and (ii) the right to claim the patent, in case a…

(Indirect) infringement, Denmark, Scope of protection, Validity

(Bugge Valentin)/

In 1984, the claimant filed an application for an agricultural crop spraying device which by the use of compressed air was intended to offer a more efficient means of dispensing the liquid. In 1986, the claimant sent a copy of the application to the defendant and in 1989 the claimant alleged having noticed that the…

Equivalents, Extent of Protection, Poland, Scope of protection

(Allen & Overy)/

The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property Law, the extent of protection conferred by a patent shall be determined by the scope of the patent claims….

Austria, Belgium, Extent of Protection, France, Germany, Norway, Scope of protection, SPC, United Kingdom

(Véron & Associés)/

As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group of antihypertensive compounds, including valsartan, pharmaceutical preparations containing them and processes for the preparation of these compounds. This patent, filed on 12 February 1991, was to…

(Indirect) infringement, Biologics, Inventive step, Netherlands, Novelty, Opposition, Procedure, Revocation, Scope of protection, Validity

(Brinkhof)/

To stay, or not to stay, that is the question. But not in the recent Danisco v. Novozymes case before the District Court of The Hague. On the face of the Court’s decision of 22 June 2011, the question whether to stay the national proceedings pending the outcome of opposition proceedings at the EPO on…