This question was tackled by the Full Federal Court of Australia in Kafataris v Davis [2016] FCAFC 134. The patent in suit related to an alternative manner of playing card games. The player could play a primary game while at the same time exercising betting options on a secondary or auxiliary game, either separately from…
Media attention at the English High Court today may have been focussed on the Article 50 challenge but for many patent lawyers operating in the life sciences sector, of equal or greater importance was the handing down of the long-awaited judgment in the Lyrica appeal. To recap briefly, Pfizer was the owner of a patent…
The Preparatory Committee for the Unified Patent Court will publish a revised time plan for setting up the UPC and Unitary Patent system ‘in due course’. The Committee announced this after its 18th meeting, Monday 10 October 2016 in Paris, where it ‘took the opportunity to discuss the road ahead given the uncertainty that has…
Is there a way out of the deadlock created by the Brexit vote and can the Unitary Patent system still go live next year as planned? According to Wouter Pors, partner of Bird & Bird in The Hague, industry clearly prefers a UP system including the UK and attempts are being made to convince the…
Slovenia is expected to deposit its instrument of ratification of the Unified Patent Court Agreement with the Council of the European Union soon, bringing the number of ratifying countries to twelve. However, due to the Brexit vote and recent statements of UK prime minister Theresa May about what this vote should mean for the UK,…
In 2010 the EPO’s Enlarged Board of Appeal took the badge of Swiss type claims from patentees (G 02/08), and since then they cannot use it anymore. Six years later two cases on (infringement of) Swiss type / second medical use claims are knockin’ on the Dutch Supreme Court’s door. While the Enlarged Board put…
On Sunday, 2.10.2016, the Guardian wrote: Controlling immigration would be the key basis for departure, May said. The government would seek access to the EU’s single market if possible, she said, adding: “But let me be clear. We are not leaving the European Union only to give up control of immigration again. And we are…
In this case the FCJ expanded on earlier case law regarding claim construction and in particular on the issue of whether a certain embodiment would fall within the scope of protection by way of equivalence if the specification in the patent described various options, but only incorporated one of those options into the claim wording….
A district court did not err in dismissing an inventor’s claim that CBS Corporation, its CBS Interactive subsidiary, and “others under the control or direction of an independent contractor” hired by CBS to produce the television show “Big Brother” infringed two patents relating to methods and systems for obtaining real time responses from a broadcast…
An EPO board held that, during opposition proceedings, copies of complaints about file specific issues sent by a party to EPO departments other than the opposition division, as well as the responses to these complaints, should be sent to the other party. The other party also needs to be notified of complaints about the work…
