by Steven Willis In a judgment handed down at the end of last week, Arnold J has indicated his intention to make a reference to the CJEU concerning the interpretation of Article 3(d) of the SPC Regulation i.e. the requirement for the marketing authorisation (“MA”) on which an SPC application is based to be the…
The Preparatory Committee for the Unified Patent Court (UPC) expects the court to become operational in December of this year, with the Provisional Application Phase (PAP) starting by the end of spring 2017, probably in May. This has been announced on the committee’s website. According to the announcement, ‘the start of the sunrise-period for the…
In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the parity of a variant with the patented solution. The FCJ held that the considerations of the skilled person leading to an assessment of the variant as…
A federal district court erred in ruling that 34 claims of a patent on a system and method of using a graphical indicator were invalid as indefinite, the U.S. Court of Appeals for the Federal Circuit has ruled. Because a skilled artisan would understand, with reasonable certainty, the meaning of the term “visually negligible,” and…
Although it did not admit a broader claim 1, an EPO board of appeal allowed an auxiliary request wherein claim 1 as granted was replaced by a combination of independent claims from different first instance requests. This combination was admitted because the first instance department had had the opportunity to decide on both claims in…
Will 2017 be the year that the Unitary Patent system sees the light of day? A year ago the general expectation was for the system to fully launch this spring, with a provisional period starting late 2016. After the Brexit vote considerable delays were expected, but an announcement by the UK government late November led…
The Mobile World Congress (“MWC”) is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their very best each year to help make the event as successful as possible. These efforts have resulted in, for example, the construction of a new…
In a unanimous decision, the Supreme Court reversed and remanded a Federal Circuit decision upholding a jury’s award of damages to Apple Inc. based on infringement of its design patents by Samsung Electronics, Co. Ltd. At issue was whether, in the case of a multicomponent product, the relevant “article of manufacture” must always be the…
Not surprisingly the Brexit and its consequences for the Unitary Patent system, but also the continuing social unrest at the European Patent Office were among the most popular topics on the Kluwer Patent Blog in 2016. One item in our top ten has a title which can be used again this year without any problem:…
By decision no. 1651 of 14 October 2016 (publication reference: 24658/2016), the Italian Supreme Court put an end to the longstanding litigation between Bayer and the Italian company Industriale Chimica in relation to the production of drospirenone. This decision tackles both the issue of the patentability of chemical intermediates and that of infringement by equivalents….
