The behavior of EPO president Benoît Battistelli is bad for the reputation of the European Patent Office and may in the longer term force him to resign. Wouter Pors, IP practitioner of Bird & Bird, said this in an interview with Kluwer IP Law, on the occasion of a recent decision of the Dutch appeal…
In a recent decision rendered by the Danish specialty court for patents (the Maritime & Commercial Court) it was decided to grant an injunction against sales of copies of a Bodum piston coffee maker. This case concerned whether F & H A/S should be barred from selling a specific piston coffee maker and whether sales…
About half a year ago I reported on new developments in German case law concerning the doctrine of equivalence (see http://kluwerpatentblog.com/2014/10/10/news-about-the-doctrine-of-equivalence-in-german-case-law/). Just at the beginning of this month my colleague Bernward posted about further developments (see http://kluwerpatentblog.com/2015/03/02/8966/). Now again, there is a recent decision of the German Bundesgerichtshof (Federal Court of Justice) dealing with the…
The Bulgarian Patent Office refused to issue a supplementary protection certificate for a medical product comprising three components as one of them was not within the scope of protection of the basic patent. The decision of the Patent Office was first annulled by the first instance court but subsequently upheld by the Bulgarian Supreme Administrative Court….
On 12 March 2015, the Court of Justice of the European Union (“CJEU”) published the judgment announced in our last blog in Case C-577/13, in response to some of the preliminary questions referred by the High Court of Justice (England and Wales), Chancery Division (Patents Court) in a case between Actavis Group EHF, Actavis UK…
Nine claims of a SynQor patent for a high efficiency power converter were anticipated by the combination of two prior art references that taught DC-to-DC power converters for pulsed loads, the U.S. Court of Appeals for the Federal Circuit has ruled (Vicor Corp. v. SynQor, Inc., March 13, 2015, Clevenger, R.). Because the combined references…
A first review of the EPO’s proposals for the EP-UE renewal fees in comparison to the current rates by Thorsten Bausch and Greg Sach The EPO, or more specifically the president of the EPO, has recently submitted proposals for the level of renewal fees for the future European Patent with Unitary Effect (EP-UE) to the…
The Patent Trial and Appeal Board did not err in affirming a patent examiner’s obviousness rejection of an application that disclosed a system for using two-way communication satellites to regulate the activation of a vehicle’s ignition, based on a driver’s mental state as determined by response times, the U.S. Court of Appeals for the Federal…
In August 2013, I produced a short commentary for the Kluwer Patent Blog regarding the decision of Mr Recorder Meade QC in SDL Hair Ltd v Next Row Ltd & Ors [2013] EWPCC 31, where Mr Meade was faced with the question of whether two letters and one email constituted groundless threats of patent infringement…
Once the Unified Patent Court has started functioning, local divisions may have to consolidate into regional divisions or shut down altogether, because it turns out they have too few cases to prosper. That is the expectation of Richard Vary, head of litigation of Nokia. At the Unitary Patent Package Conference in Amsterdam last February, Vary…
