The Barcelona Court of Appeal (Section 15) overturned a first instance decision, making an interesting finding on the application of the “problem-solution approach”: if the revocation claimant submits that its choice of closest prior art only differs from the claimed invention in one (or more) specific feature(s), but the court finds that further differences exist…
I can imagine what the reader might think when reading these few lines: another text on artificial intelligence (“AI”) and the Patent Law! (With perhaps: the author is obsessed with the Daft Punk split[1]). My mantra is: “Never disappoint the reader”! So both are true. That said, concerning the reception of AI by Patent Law…
In the first part of this interview (see here), I already mentioned some of the preconceived ideas about French Courts, which makes France almost systematically considered as one of the last territory to litigate: jurisdictions would be anti-patentee, slow, unable to order preliminary injunctions, even not “specialized”. The Cross-Examination Part I of Mrs. Nathalie Sabotier…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from December, January and February. Top 3 Kluwer Copyright…
G 1/19, which admits the patentability of a computer-implemented simulation, was the second opportunity for the Enlarged Board of Appeal to rule on the assessment of the patentability of computer-implemented inventions. Did it take advantage of this One More Chance or was it only One More Time? At any rate, here, I will only briefly comment…
The Federal Court of Justice recently addressed the scope of the so-called principle of concentration pursuant to sec. 145 Patent Act. If the patentee has filed an action, a second action based on a different patent against the same defendant is inadmissible in relation to the same or similar embodiments. The FCJ has now clarified…
It’s an understatement to say that it’s not always very easy to be a French patent litigator in a transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory…
It’s an understatement to say that it’s not easy to be a French patent litigator in transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory at the bottom…
Biologic drugs, many of which are antibodies, represent an increasing share of the pharmaceutical market. In recent years, numerous broad functional patent claims directed at therapeutic antibodies have come under attack for failing to satisfy the written description and enablement requirements. The proper scope of these requirements has divided the biopharmaceutical industry. In its latest…
Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between InterDigital and Xiaomi concerning confidentiality clubs [1]. Read part 1 of this blog. 3. Key errors in the order of the Court I. Confidentiality concerns of InterDigital and its…
