Procedure, Switzerland

(MLL Legal Ltd.)/

Two weeks ago the judges of the new Swiss Federal Patent Court convened for the first time for their swearing-in and elected the vice president of the Federal Patent Court among their ranks (Mr. Frank Schnyder). The president (Mr. Dieter Braendle) had been designated by the Federal Swiss Parliament in advance. The Judges will have to determine the new rules of procedure for patent cases pending before the future Federal Patent Court during the next few weeks. Kluwer Patent Blog will keep you posted.

Enforcement, Germany, Injunction, Procedure

(Hoffmann Eitle)/

In its decision of 20 October 2010 (Docket No. 21 O 7563/10), Regional.Court.Munich.20.10.2010 the Regional Court Munich had to decide on whether “urgency” is required for measures for securing evidence and, whether the request for measures for securing evidence must be rejected if the opponent is obliged to preserve the relevant documents, for instance pursuant to pharmaceutical or tax laws. The Court denied both questions and has therefore issued a decision which allows right-holders to effectively secure evidence.

Case Law, Enforcement, Norway, Procedure

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The question in dispute was whether ratiopharm’s escitalopram was produced using Lundbeck’s patented process The Court considered that a reversal of the burden of proof in favour of the patentee might, in appropriate cases, be applied for process patents. However, in this case it was not disputed that the process developed and patented by ratiopharm’s…

Case Law, Sweden, Validity

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In a decision by the Svea Court of Appeal, a preliminary injunction granted by the Stockholm District Court against the company Niconovum AB, was lifted. The Court held that the patent of McNeil AB was probably not valid, despite a request by the patentee for reformulation of the patent claims during the proceedings. The Court…