by André Sabellek In a recent judgment the Higher Regional Court of Karlsruhe (OLG Karlsruhe) had to decide on the extent of the liability of a foreign supplier for a patent infringement in Germany (judgment of October 7, 2015, court docket: 6 U 7/14 – Abdichtsystem [sealing system]). In the present case, the defendant, an…
A decision on the Code of Conduct for practitioners at the Unified Patent Court, which was scheduled for May 2016, will likely be postponed. In reaction to a critical letter of the Council of Bars and Law Societies of Europe (CCBE), that argued it should have the opportunity to advise on the draft Code, the…
The recruitment of legally and technically qualified judges of the Unified Patent Court has started. Vacancy notices for the Court of First Instance and the Court of Appeal in English, French, and German were published on 9 May 2016. As is explained in the vacancy notice, an Advisory Committee (comprising ‘patent judges and practitioners in patent law and…
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 last month. Top 3 Kluwer Patent Blog posts…
by Steven Willis Judgments from the Courts of England and Wales concerned with the construction of patents will invariably cite the classic formulation of Lord Diplock from Catnic Components v Hill & Smith Ltd [1982] R.P.C. when addressing the identity of the person skilled in the art: “…a patent specification is a unilateral statement by…
A federal district court did not err in finding that Genius Electronic Optical, a supplier of camera lenses for Apple’s iPhone and iPad products, did not induce the infringement of five camera-lens patents held by Largan Precision, the U.S. Court of Appeals for the Federal Circuit has ruled (Largan Precision Co., Ltd. v. Genius Electronic…
A former employee inventor’s obligation to sign a declaration of assignment of a patent application to the former employer can be enforced in summary proceedings pursuant to the Swiss Code of Civil Procedure’s provisions regarding “Clear Cases”, under threat of a criminal penalty against the former employee, and even after the termination of the employment…
Increasing the (grounds of the) claim at a late stage of the proceedings in accelerated patent proceedings is contrary to due process of law. The claimed printer cartridge is not novel since no structural (technical) features distinguish the patent from the prior art. A full summary of this case has been published on Kluwer IP…
In its decision of 28 January 2016, the Danish Maritime and Commercial Court rendered judgement in a matter between Minkpapir A/S and Jasopels A/S. The main question was whether the conditions for granting an interim injunction pursuant to chapter 40 of the Danish Administration of Justice Act were met and in this regard whether Jasopels’…
According to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. In addition, according to article 68 “the holder of a patent may also claim for indemnification for damage resulting from the…
