In a recent Supreme Court decision from Denmark (Dansk Mink Papir vs. Jasopels A/S), the Supreme Court rendered a decision which could mark the inauguration of a more holistic approach by Danish courts in their assessment of patent protective scope. The invention concerned a so-called pelt bag developed by Dansk Mink Papir which had also…
In an important change of position and influenced by the CJEU’s rejection of the Spanish challenge, Italy has announced it wants to join the enhanced cooperation within the European Union to create the Unitary Patent. This has been reported by various sources. According to the website of the Società Italiana Brevetti (SIB), Undersecretary Simona Vicari…
On 26 March 2015 the Landgericht Düsseldorf rendered a judgment granting an injunction based on the finding of infringement of an SEP by sales of smartphones implementing NFC – Near Field Communication according to an ETSI standard (France Brevet vs. HTC – Landgericht Düsseldorf 4b O 140/13). Defendant’s FRAND-defense was rejected by the Court because…
In light of a binding prior Federal Circuit decision narrowly construing a key claim term in a patent relating to type of mechanically-resistant steel sheet, the federal district court in Wilmington, Delaware, properly invalidated the first 23 claims of a reissue patent as impermissibly broader than the original claims, but the court erred in invalidating…
On 15 October 2014 the Spanish Supreme Court confirmed its earlier rulings on two issues: after an IP right has been found invalid in first instance but the Court of Appeal overturns this decision because it disagrees with the argument that was the basis for invalidity in first instance, (how) should the Court of Appeal…
At a tradeshow in Düsseldorf the Defendant co-organized a so called “Turkish Pavilion” featuring several companies of the Turkish region “Samsun”. The Court held that this role of the Defendant was sufficient to be held liable for patent infringement, even where the Defendant itself did not manufacture or sell the products. Exhibiting at the tradeshow…
The federal district court in Camden, New Jersey, did not err in finding U.S. Patent No. 7,524,834 (“the ‘834 patent”) held by AstraZeneca LP and AstraZeneca AB (“AstraZeneca”) and asserted against Breath Limited, Apotex Corp., Apotex, Inc., Sandoz Inc., and Watson Laboratories, Inc. (collectively, the “defendants”), invalid as obvious under 35 U.S.C. § 103, the…
Sighs of relief… sighs of disappointment… Depending on your position towards the unitary patent package, one of the aforementioned sighs was heaved on Tuesday, when the CJEU dismissed the annulment actions of Spain against the Council Regulation 1257/2012 (“Unitary Patent Regulation”) and Council Regulation 1260/2012 (“Translation Regulation”) of the so-called unitary patent package. Irrespective of…
As announced by the Kluwer UPC News blogger earlier today, this morning the Court of Justice of the European Union (“CJEU”) published its two judgments in cases C-146/13 and C-147/13 where, as expected, it has dismissed the nullity actions filed by the Kingdom of Spain (“Spain”) against Council Regulation (EU) No 1257/2012 (unitary patent) and…
The European Court of Justice (CJEU) has just rejected Spain’s challenge of the Regulations No 1260/2012 and No 1257/2012. The eagerly awaited decision in the cases C-146/13 and C-147/13, implementing enhanced cooperation in the area of the creation of unitary patent protection, means an important obstacle for the creation of the Unified Patent Court and the Unitary…
