The Spanish Supreme Court rules in a patent ownership and trade secret dispute where a company had filed a patent application which named as inventor the husband of the company’s founder, who had previously led an R&D project funded by a competitor. The Court sets a high standard for ownership claims and, at the same…
On 24 August 2022, Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court) handed down his decision in Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC), a case on open topped washbowls made from moulded paper pulp, such as those used in hospitals, care homes…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Patent Blog…
Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK Supreme Court in Unwired Planet) have given rise to significant debate over the appropriate forum for litigation of disputes in relation to standard essential…
The news was announced last week: Moderna is suing Pfizer for infringement of two of its patents related to Covid-19 vaccines. These highly targeted actions are likely to spread to many other countries: here is a brief overview of the case and its potential French perspective. In a press release dated August 26, 2022, Moderna…
The Unified Patent Court has announced a ‘major milestone’ in the implementation of the Case Management System (CMS). Starting mid or end of September, the CMS login process will be based on a strong authentication scheme. According to a report on the UPC’s website, ‘an electronic IDentification certificate (compliant with EU Regulation No. 910/2014, also…
Longi and Hanwha have fought several (preliminary) court cases, which eventually resulted in a (cross-border) injunction. An ancillary claim that was approved was a recall of infringing products. Longi challenged on appeal the decision of the provisions judge that recall would also extend to solar panels that were already installed, but the judgment was upheld…
On June 3, 2022, the Japanese government announced its Intellectual Property Strategic Program 2022. The Intellectual Property Strategic Program sets out the government’s policies and future actions for promoting the creation, protection and exploitation of intellectual property in a focused and systematic manner. It is discussed and decided every year by the Intellectual Property Strategy…
To date, final decisions from the Spanish Patent and Trademark Office (“SPTO”) dealing with matters such as patents or supplementary protection certificates (“SPC”) may be appealed before the administrative law chamber of what are known as the Tribunales Superiores de Justicia (“High Courts of Justice”). Although these Courts are highly specialised in public law matters,…
It has long been held that a prior art disclosure of a chemical compound would disclose this chemical compound in all grades of purity and that novelty could only be achieved if the claimed level of purity could not be reached in the prior art. However, in the current decision the view that such an…
