Damages enquiries in patent cases rarely make it to trial, let alone to the Court of Appeal, so this judgment provides important guidance on the assessment of damages for patent (and by extension other IP rights) infringement.   Background Anan Kasei is the proprietor of a patent to high surface area cerium oxide, a catalyst…

As most readers will be well aware, Brexit has raised some fundamental issues for the Unified Patent Court (“UPC”) project, among which two points stand out. First, that, contrary to what it is envisaged in by Article 7.2 of the Agreement on a Unified Patent Court (“UPCA”), London will no longer be able to accommodate…

In June 2023 the European patent landscape will see one of the most dramatic changes in decades with the introduction of the Unitary Patent (UP) and the opening of Unified Patent Court (UPC). In a short series this blog will go through the main characteristics of the system and decisions that need to made to…

On 6 January 2023, the Danish Maritime and Commercial High Court dismissed an application for remission to the Board of Appeal of the registration of a utility model. The court considered whether the Danish Patent and Trademark Office ought to have considered a prior registration when examining ex officio a utility model application. On 14…

The new and noteworthy decision T 670/20 by Technical Board of Appeal 3.3.07 provides more legal certainty for patentees of formulation patents. The proprietors of pharmaceutical formulation and pharmaceutical use patents do often not have it easy, if and when – as is often the case – they have conducted clinical trials before the priority…

In the present preliminary case a cross-border injunction was ordered by the provisions judge. He came to this conclusion because he found the product to be infringing (in contrast to a preliminary decision of the Greek court) and he found that the Dutch-based Pharmathen company was controlling the other companies in the group. Case date: 19…

He left the UPC somewhat unexpectedly late 2022, and now he’s back already: Alexander Ramsay,  long-time chairman of the Preparatory Committee of the Unified Patent Court, has been appointed as Registrar of the new court. This has been announced on the UPC’s website. Axel Jacobi from Germany will be Deputy-Registrar. Both new officials of the…

A preparatory training for UPC appointed judges was launched yesterday in Budapest. According to an announcement on the UPC’s website, the legally and technically qualified judges of the Court are participating in the training, which aims at facilitating an in-depth understanding of the Rules of Procedure of the UPC. ‘It is organised as a partnership…