Now that Italy has changed its mind and joined, Spain has become the only EU member state to stay out of the Unitary Patent (UP) system. How good or bad is this for the country and its companies? And will anything change because of the CJEU’s rejection of the Spanish complaints against the UP on…
One of the challenges raised by today’s inventions, which are often the result of research efforts carried out by teams comprised of scientists based in multiple jurisdictions, is how to comply with national requirements which sometimes entail contradictory obligations. For example, let’s imagine a situation where an inventor is subject to the laws of country…
by Dominic Adair Post-grant opposition of patents is clearly a dangerous business. On opening the final panel session in the programme for AIPPI’s 2015 World Congress in Rio – titled “post-grant oppositions: a game changer?” – moderator Márcio Merckl from Abreu, Merkl e Advogados Associados in Brazil provided the dramatic news that not one but…
Dr. Simon Klopschinski In a recent judgment the Federal Court of Justice (Bundesgerichtshof – BGH) decided on the question of whether the infringement court is bound by an interpretation of the patent in suit the BGH has rendered in a nullity action concerning the same patent (judgment of June 2, 2015, court docket: X ZR…
On 13 October 2015, the Law Commission of the United Kingdom published the final report of the project to reform the law of unjustified (groundless) threats. The report is the culmination of years of work, which started in 2012. After a consultation round, a report was published in 2014 and 18 recommendations for reform were…
by Dominic Adair Day 2 of AIPPI’s 2015 Global Congress in Rio brought with it the Pharma Sessions: trade marks, personalised medicine and two sessions with a local flavour – technology transfer under the Brazilian Government’s PDP programme (promoting local laboratories) and whether the practice of Brazil’s regulatory authority (ANVISA) to challenge patents prior to…
by Dominic Adair Following an exciting opening ceremony on Sunday evening featuring Brazilian dancers, caipirinha cocktails and black bean soup, the AIPPI’s 2015 World Congress in Rio de Janeiro began in earnest yesterday. The agenda for day 1 started with the customary round of Executive Committee meetings (followed by opportunities for a networking lunch) and…
The Court held that a certain means does not relate to an essential element of the invention just because it is used for a step in the method preceding the patented steps of the method. Even where this is necessary in order to apply the method, no contributory infringement of the patent can be established….
An inventor and holder of a patent for a “smokeless pipe” could not pursue a lawsuit against the United States in the Court of Federal Claims based on allegations that various private persons had infringed his patent, the U.S. Court of Appeals for the Federal Circuit has held. The inventor identified no law that permitted…
Draft rules for the Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC) will be discussed during the next meeting of the UPC Preparatory Committee on 19 October 2015. Together with these rules, a Memorandum of Operation will be introduced regarding the proposed legal and operational structure of the Centre. Sam Granata,…
