Germany’s Federal Court of Justice revokes Leo’s Calcipotriol Monohydrate Patent
This contribution compares various decisions of national European courts on inventive step in the case of a monohydrate of a (known) drug, i.e. calcipotriol.
The Italian Supreme Court on the test for prior disclosure
By decision of 23 March 2012, the Supreme Court decided a case between two competitors in the field of steel products and machinery, concerning in particular the alleged infringement of two Italian patents covering a winding up mechanism for steel wire. The alleged infringer had counterclaimed invalidity based on prior disclosure, claiming in particular that…
Supreme Court decision regarding the creative step test for Danish utility models
In a recent decision (16.5.2012) the Supreme Court in Denmark has ruled on the requirement of creative step that applies to Danish utility models and serves the same purpose as inventive step in respect of patents. The utility model-in-suit had been invalidated by the Danish Patent Office and that decision was upheld by the Maritime…
TRIPS and access to medicines in developing countries: is it a matter of law or a matter of corporate responsibility?
TRIPS has historically been criticized on the grounds that it makes access to medicines in developing countries more difficult. To address this concern, on 30 August 2003 the World Trade Organization (“WTO”)’s General Council approved a Decision aimed at implementing the famous paragraph 6 of the Doha Declaration of 14 November 2001. To sum up,…
Pralinenform II, Federal Court of Justice (Bundesgerichtshof), 22 April 2010
The presentation of a product at an exhibition within Germany, constitutes use of the shape of the product (protected by trademark law) in the course of trade for advertising purposes, and this is therefore no “offering” or “putting on the market” that product in Germany . Rather, evidence must be provided which shows that the…
E-mail via SMS, Federal Court of Justice (Bundesgerichtshof), 22 November 2011
When seeking to improve a data structure prescribed in an international standard, the skilled person would consider mechanisms already described in the standard when solving the identified technical problem. If the standard provides a manageable number of possible solutions, each having specific advantages and disadvantages, this provides an incentive to take each of the solutions…
Vericore v. The Danish Board of Appeals, Maritime and Commercial Court (Højesteret), 24 January 2012
The Danish Maritime and Commercial Court upheld the invalidation (in two administrative instances) of a patent claiming second medical use of a known compound for the treatment of sea lice infestation on the grounds that neither the pathology nor the patient group were novel over the closest prior art. The European sister patent had likewise…
Protection improved for license agreements by recently submitted bill in Germany
by Bernward Zollner Earlier this year the Ministry of Justice has submitted a bill which intends to grant a better protection to license agreements in case the licensor has to file a motion for the commencement of insolvency proceedings. According to the current statute the liquidator (insolvency administrator) has the right to terminate a license…
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – further guidance on litigation before the Patents County Court
In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for prospective litigants on use of the PCC as the chosen forum for intellectual property (IP) litigation. The Claimant, Comic Enterprises Limited,…
U.S. Courts Look At Method Of Use Patents In Generic Drug/ANDA Litigation
Last month both the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued important decisions relating to method of use patents in the Hatch-Waxman Abbreviated New Drug Application (ANDA) patent litigation framework. These cases underscore unique aspects of method of use patents in the ANDA context.