In a recent post of mine I have reported that by decision of 29 July 2010, the Italian Supreme Administrative Court (Consiglio di Stato) had tackled the issue of whether the Italian drugs regulatory authority (Agenzia Italiana del Farmaco – AIFA) should or should not consider the existence of a patent when adopting decisions relating…
Once again, the German Federal Supreme Court has underlined the primacy of the patent claim over the patent’s description. The technical problem to be solved by the invention is to be established by virtue of the patent claim only. In consequence, a broad patent claim must not be limited by a specific technical problem expressed…
The UK has long been considered a favourable jurisdiction for pharmaceutical patent holders to seek an interim or preliminary injunction. In particular, from 2001 the English Courts have imposed an obligation for generics companies to “clear the way” (i.e. obtain a declaration of non-infringement or start invalidity proceedings in respect of any relevant patents they…
The Court of Appeal allowed Grimme’s appeal, holding that Grimme’s patent for an agricultural machine for harvesting and separating potatoes (from other materials such as earth, clods, stones, weeds or the like) featuring rubber rollers, was inventive. Of particular interest was the Court of Appeal’s clarification of the law of contributory infringement (s.60(2) Patents Act…
Vitreo’s patent application for ‘means for application of a vitreous body for the purposes of prevention and medical treatment of ophthalmic disorders’ was denied by the patent office, because the claimed invention was considered to be excluded from patentability both as a method for medical treatment of human beings or animals through therapy or surgery…
In Italy, patent cases are heard by judges of the IP Chambers of 12 district courts distributed in the Italian territory. Italian judges are therefore IP specialists, but they have a merely legal, and not technical, background. This is why in all patent cases judges appoint court experts to review the technical issues at stake…
Patent protection for technical products expires after 20 years. However, there is no rule without exception. In its recent decision “Femur-Teil”(judgement of 15 April 2010, I ZR 145/08), the German Federal Court granted protection against an (almost) identical copy of a femoral element for a hip joint endoprosthesis, although patent protection had already expired in…
Under Spanish law, when the first generic version of a medicament of reference (i.e. original medicament) is authorized, the setting of the price of the generic triggers the inclusion of the medicament of reference in the so-called “price reference system”, even if the generic is not launched onto the market until the patent protecting the…
Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff’s department of the city courts (being the first instance courts) with an automatic right of appeal to the High Court. In…
As previously reported, the Patents County Court was re-launched on 1 October 2010 under the auspices of His Honour Judge Birss QC. The issue of transferring proceedings between the Patents Court of the High Court and Patents County Court was the subject of numerous disputes before the Patents County Court before it was re-launched and…
