As stated already in one my earlier posts (here), Legislative Decree no. 131/2010 has introduced a new procedural tool in the Italian IP litigation scenario. New Art. 128 of the Italian IP Code now allows the conduction of a Preliminary Technical Assessment (PTA). In practice, as an alternative to commencing ordinary proceedings or preliminary injunction…
by Bernward Zollner rospatt osten pross In two decisions of May and September 2011 the Appeal Court Düsseldorf had to comment on various issues concerning the accounting and determination of patent infringer’s profit. In the decision of May 2011 it is stated that an obligation of defend-ant to amend or specify an accounting cannot be…
As per January 1, 2012 the Swiss Federal Patent Court became effective. The Federal Patent Court is exclusively competent for: a. validity and infringement disputes and actions for issuing a license in respect of patents; b. ordering preliminary measures prior to the filing of a complaint as defined in letter a; c. the enforcement of…
Among many other tasks, the Danish Government when taking over the EU Presidency as of 1 January took over the continued challenges (and problems) in connection with securing a compromise that may lead to a Unified Patent Court. Despite the intentions of the Polish presidency to land a compromise during its tenure, the issue remains…
The general rule in UK litigation is that the successful party is entitled to its costs. One exception to this rule, peculiar to patent cases, is a so-called ‘Earth Closet’ order. If an alleged infringer introduces a new piece of prior art, after service of its original Grounds of Invalidity, an Earth Closet order enables…
The Court of Justice clarified the requirements for grant of an SPC under Articles 3(a) and 3(b) of the SPC Regulation. According to the Court, on the basis of Article 3(a) an SPC cannot be granted for active ingredients not specified in the wording of the claims of the basic patent. With reference to Article…
On 8 December 2011, the presiding judge of the Tribunal de Grande Instance of Paris has rendered an order in the context of the worldwide battle between Samsung and Apple. Samsung alleged that Apple’s iPhones 4S contain chips infringing its European patents No. 1 188 269 and 1 097 516, declared essential to the UMTS standard within the framework of ETSI (European…
The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar provision does not apply with retrospective effect, because its origin and rationale is different from the Experimental Use Exception; and (ii.) an invention that…
The UK Supreme Court overturned the decision of the High Court and the Court of Appeal that HGS’s patent directed towards Neutrokine, a new protein and member of the ligand superfamily, lacked industrial applicability. Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.
The Supreme Court held that disputes relating to confidential information contained in an expert’s report, filed in the framework of descriptive seizure proceedings, can be heard by the court having granted leave for these proceedings. Such disputes do not have to be adjourned until the proceedings on the merits. Click here for the full text of this…
