My last blog, published on 14 November 2013, mentioned that on the closing date (15 November 2013) set to send expressions of interest for persons wishing to be considered candidate Judges at the Unified Patent Court (“UPC”), only Austrian nationals would fulfil the conditions set by the Preparatory Committee, for only Austria had ratified the…
In IPCom GmbH & Co KG v HTC Europe Co Limited and others [2013] EWCA Civ 1496, the English Court of Appeal has very recently given guidance concerning the circumstances in which it is appropriate for an English court considering combined patent infringement and revocation proceedings to stay those proceedings pending the outcome of co-pending…
by Stefan Lieck Based on the act for simplification and modernization of Patent Law (“Patentrechts-modernisierungsgesetz”) patent nullity proceedings in Germany have been reformed fundamentally in order to accelerate the appeal proceedings significantly. Therefore, the Federal Patent Court (“Bundespatentgericht”) that is responsible in the first instance shall determine the facts of the case exclusively whereas the…
According to a recent decision of the Administrative Council, from November 2014 it will be possible, by paying appropriate further search fees, to obtain searches of any claimed invention when entering the EPO Regional phase with a PCT application, regardless of which Searching Authority handled the application in the International phase. It will thus be…
In Denmark, as in many other European countries, Escitalopram patent cases that have been conducted in recent years. One of these cases in which an interlocutory injunction was granted by the bailiff’s court at Elsinore and subsequently upheld on appeal, was admitted to the Danish Supreme Court which granted leave of appeal and ended up…
Tomorrow is the deadline for persons with the qualifications required for appointment to judicial office in a state which is a contracting party to the Agreement on a Unified Patent Court (“UPC”) to express their interest in becoming a candidate judge on the stillborn UPC. According to paragraph 6 of the “Call for expression of…
The Board vacated reversed a decision that deletion of drawings amounted to an extension of protection. The opposition Opposition division Division had revoked the patent with the argument that the amendment generally had an impact on the extent of protection conferred by the European patent because the drawings would be used to resolve ambiguities in…
In a decision handed down on October 23, 2013, the Polish Supreme Court confirmed that the Bolar exemption does not cover activities by third-party manufacturers, i.e. supplying active ingredients for studies and trials to be conducted by third-party generic manufacturers (court docket: IV CSK 92/13). Parallel proceedings in Germany are pending. We have reported before…
by Stephan von Petersdorff-Campen Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship pass to the employer by virtue of law as soon as the employer announces his claim to the invention. With its “Initialidee” (Initial…
As he recounted in Groucho and me (1959), Groucho Marx once sent a telegram to the Friar’s Club of Beverly Hills with the following text: “Please accept my resignation. I don’t want to belong to any club that will accept people like me as a member.” One may wonder whether he would have had the…
