The FCJ held that an in vitro assay for testing for a specific immunological binding (namely testing for antibodies against Borrelia burgdorferi) using a polypeptide defined by its amino acid and a polypeptide defined by the nucleic acid sequence encoding the same, or a polypeptide encoded by segments of the nucleic acid sequence, is sufficiently…
According to the FCJ, when it comes to the question of whether a particular solution was obvious to the skilled person, it is irrelevant whether a different solution was more obvious. In the present case, it was decisive that two options were available for the skilled person, both of which were suitable for the purpose…
Following its denial of Actavis’ claim for declarations of non-infringement in respect of Eli Lilly’s European Patent, the Court of Appeal ruled on a number of procedural matters arising from that judgment. These included the form of order for costs of the trial and the appeal; a reduction in an interim payment made by Lilly…
In injunction proceedings decided in just a few hours (likely a record in Spanish patent litigation) in the context of the 2018 Mobile World Congress, Barcelona Commercial Court no. 4 granted a preliminary injunction. However, it also allowed the infringer to lift the injunction by providing a “counter-guarantee”. Thus far a very exceptional occurrence, this…
The Patent Trial and Appeal Board correctly determined that claims 1-8 of a patent for a method for drilling holes for dental implants, held by Sirona Dental Systems GmbH, were unpatentable as obvious in light of prior art, the U.S. Court of Appeals for the Federal Circuit has ruled. Further, the petitioners, Institut Straumann AG…
In the last week of his term as president of the European Patent Office and a day before the official opening of the new EPO building in The Netherlands, president Benoit Battistelli lost three high-profile cases at the Administrative Tribunal of the International Labour Organisation (ILOAT). The tribunal said Battistelli’s decisions to dismiss SUEPO leaders…
As a follow-up to our previous post “The Federal Circuit Has Its Final Say On the “On-Sale” Bar Under the AIA,” the Supreme Court has granted certiorari in the Helsinn v. Teva case, which concerns whether the America Invents Act (“AIA”) changed the longstanding “on-sale bar” rule. This means that at least four of the nine…
In a precedent case before the Russian Intellectual Property Court, the judges pointed out that mere registration of a generic drug long before the patent expiry may constitute a threat of infringement that is prohibited under domestic law. This position in this case may result in an extra defense against unfair registrations. On 24 April 2018,…
After post grant limitations in court were introduced in Italy by the 2010 reform of the IP Code (IPC), there is hardly a patent validity case in which the patent holder does not play the card of limitation to counter the objections raised by the other party. Even before the reform of 2010, Italian patent…
Three weeks before the end of the presidency of Benoit Battistelli, the European Patent Office published the report ‘Modernising the EPO for excellence and sustainability’, a ‘summary of achievements resulting from the extensive modernisation reforms put in place’ during Battistelli’s term in office from 2010 to 2018. Concerns about quality, the independence of the Boards…
