In most systems, a patent is valid for 20 years from the filing date of the patent application. Patents are granted with a presumption of validity but no patent is safe from being challenged and declared (partially) invalid by national courts or, in the case of European patents, revoked by the European Patent Office. Often, a claim of invalidity of a patent is a reaction to an action of the patentee, in particular an infringement action.
PI proceedings have always been a powerful weapon for patentees in Belgium. In such proceedings before the President of the Commercial Court a full legal analysis of the parties’ rights cannot be made. The President will only prima facie asses the parties’ rights and claims. As a result, invalidity arguments are not taken into account given…
The FCJ held that legal provisions in force at the priority date must be taken into consideration when assessing novelty and inventive step of an invention. These legal provisions may incite the skilled person to work in a certain direction so that this makes the invention obvious. The full summary of this case has been…
By ruling of 21 February 2014, the Court of Turin decided a case between the US corporation Rovi and a number of Italian consumers electronics manufacturers. These had produced / imported set-top-boxes equipped with Electronic Programme Guides (EPG) that allegedly made use of the Rovi EPG patents, although without being covered by the Rovi licensing scheme….
The Oslo District Court held that Jets AS’ patent for a liquid seal pump of the helical screw type for use in vacuum drainage systems lacked novelty over one of Jets’ own patents. Despite the court’s finding on invalidity, the court did not consider Jets warning letter to a customer of its competitor, Evac Oy,…
The development of Herceptin (trastuzumab) in the late 1980s and 1990s is one of the most remarkable advances in the treatment of breast cancer. The story of the drug and its pioneer, the “velvet jackhammer”, Dennis Slamon, is neatly summarised in Siddhartha Mukherjee’s award winning novel: “The Emperor of All Maladies – a Biography of…
a) The applicant is not obliged to limit the protective scope to explicitly described embodiments, but may make certain generalisations to cover the entire invention. b) Whether a claim containing generalisations is enabled depends on whether the protective scope extends beyond the most generalized teaching solving the underlying problem. c) Functionally describing a group of…
The Court of Appeal upheld the judgment of the High Court (Arnold J) that claims concerning treatment of osteoporosis with zoledronic acid were not entitled to an earlier priority date and were therefore invalid over an intervening publication. The Court held that the disclosure in the priority document was either too general or too specific,…
The wording of prayers for relief in patent infringement proceedings remains a hotly debated issue in Switzerland. In a landmark decision dated 2004 (BGE 131 III 70) the Swiss Federal Supreme Court ruled that the patent infringing goods or procedures had to be exactly described in the prayers of relief of a cease-and-desist order. Since…
It is hard to think of a recent SPC case before the UK courts where the judge has not had to refer questions to the CJEU in order to either clarify the terms of the SPC Regulation or the CJEU’s earlier interpretations. This necessity has arisen at an early stage in an action between Actavis…
and Carissa Kendall-Palmer In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV [2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning smart/chip card technology. The Claimant came to the High Court of England and Wales seeking revocation of the patents; the Defendant counterclaimed…
