In decision G2/08, available on the EPO website, the Enlarged Board of Appeal provides a problem in relation to the Swiss type claims. It announces the abolition of the use of these claims in point 7.1.4 of the Reasons: “In order to ensure legal certainty and to protect legitimate interests of applicants, the abolition of…
EC Directive 2004/48 (known as the “Enforcement Directive”) was implemented in Spain through Law 19/2006, which sought to harmonise, among other aspects, the criteria to establish damages in legal proceedings involving the infringement of intellectual property rights. In cases of patent infringement where the complainant claims profits lost or damages caused by the defendant, one…
When challenging the validity of a patent, a decision needs to be made early on as to grounds on which to rely. When it comes to allegations of anticipation and obviousness, the challenger and its advisers will need to consider whether to rely or just one or two prior art citations or to include a…
A recent appeal decision from the Danish High Court (Eastern Division) concerns the issue of whether an application for an interlocutory injunction should be granted on an ex parte basis. The case concerned (one of several) cases in Denmark regarding the Danish company H. Lundbeck A/S enforcing a process patent for its block buster API,…
Along with a number of other relevant innovations to the Italian IP Code, last August the Italian legislator eventually passed the long awaited implementation into Italian law of Directive 44/1998/EC on biotechnological inventions (see legislative decree no. 131/2010 of 13 August 2010 here). Those who are familiar with the Italian political scene will know that…
In this blog I report about how the Bundesgerichtshof (BGH) has recently eliminated some potential for conflicting decisions in Germany’s bifurcated patent litigation system. The separation of infringement and invalidity proceedings is the basis for what we call the “mouse and elephant strategy”. In the infringement proceedings the patentee tries to establish a scope of…
The last year has kept some Spanish Courts busy with a debate that already caught the attention of English Courts at the beginning of the XX century, that is, whether “omnibus” claims are enforceable. Article 100 of the “Estatuto de la Propiedad Industrial” of 1929 required that the last claim of the patent was an…
In a decision of 7 September 2010, the Dutch Patent Office (NL Octrooicentrum) on appeal confirmed its earlier decision to not grant a supplementary protection certificate (SPC) for the medicinal product tocilizumab, a humanized monoclonal antibody against the human interleukin-6 receptor, which is approved as a human rheumatoid arthritis drug. The applicant had requested an…
In July 2010, the European Commission published a press release on its findings in the Report on the monitoring of patent settlements (Press release IP/10/887). Sparked by this survey, we have conducted an informal investigation into patent settlements in Denmark during the period January 2000 until January 2010, which shows that during this period in…
By Legislative Decree no. 131 of 13 August 2010, which became effective on 2 September 2010, the Italian legislator passed a number of amendments to the Italian IP Code. One of these is new Art. 68 (1bis) on the statutory limitations to patent rights (which in paragraph 1 already included, and still includes, personal use,…
