The Barcelona Court of Appeal (Section 15) overturned a first instance decision, making an interesting finding on the application of the “problem-solution approach”: if the revocation claimant submits that its choice of closest prior art only differs from the claimed invention in one (or more) specific feature(s), but the court finds that further differences exist…
I can imagine what the reader might think when reading these few lines: another text on artificial intelligence (“AI”) and the Patent Law! (With perhaps: the author is obsessed with the Daft Punk split[1]). My mantra is: “Never disappoint the reader”! So both are true. That said, concerning the reception of AI by Patent Law…
On 28 December 2020, the Barcelona Court of Appeal (Section 15), one of Spain’s most experienced courts on patent matters, handed down a judgment which is interesting from a wide array of perspectives (how to assess inventive step, novelty, infringement, etc.). This blog will focus on the first aspect (i.e. inventive step) and, more specifically,…
Although the case relates to treatments for insomnia, we suspect that the latest episode in the ongoing saga between Neurim and Mylan might result in a few sleepless nights for patent litigators. Somewhat unconventionally, the latest instalment saw Marcus Smith J vary a costs order so as to award costs to the losing party in…
In the first part of this interview (see here), I already mentioned some of the preconceived ideas about French Courts, which makes France almost systematically considered as one of the last territory to litigate: jurisdictions would be anti-patentee, slow, unable to order preliminary injunctions, even not “specialized”. The Cross-Examination Part I of Mrs. Nathalie Sabotier…
The EPO has launched a public consultation on the first draft of its ‘Towards a new normal’ orientation document, discussing the post-covid organisation of the EPO. The document “is designed to complement the EPO’s Strategic Plan 2023, which was adopted in 2019, before the current pandemic. The orientation document represents the EPO’s current assessment of…
On March 5th, 2021, the Danish Maritime and Commercial High Court ruled to acquit the Board of Appeal for Patents and Trademarks (the “Appeals Board”) in a case regarding the notification of a transfer of a patent between two companies. The case, which included aspects of both company law, patent law and questions of civil…
Last year, 180.250 European patent applications were filed with the EPO, a 0.7% decrease in comparison with 2019. According to statistics published by the EPO earlier this week, medical technology (+2.6%) “accounted for the most inventions in 2020, retaking the top spot from digital communication, which had been the most active field in 2019. The…
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 top 3 most-read posts from each of our IP law blogs. Here are the top posts from December, January and February. Top 3 Kluwer Copyright…
G 1/19, which admits the patentability of a computer-implemented simulation, was the second opportunity for the Enlarged Board of Appeal to rule on the assessment of the patentability of computer-implemented inventions. Did it take advantage of this One More Chance or was it only One More Time? At any rate, here, I will only briefly comment…
