On 9 June 2020 Barcelona Commercial Court no. 4 issued a decision rejecting the opposition filed by a company (the “Defendant”) against a decision of 2 September 2019 from the same Court that had ordered an “ex parte” preliminary injunction preventing the Defendant from marketing pemetrexed diarginine in Spain. The background of the case can…
The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee. Apart from depositing the withdrawal notification, there has been a parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister…
As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words, they are alphabetic processions”) for which no direct equivalent seems to exist in English or any other language. Schweinsgalopp is one of these…
Full support for the Unified Patent Court Agreement, complete rejection, long lists with points of concern. The German government has published the reactions to its consultation on the new draft ratification bill for the UPCA. A new ratification process was started last March, after the German Federal Constitutional Court (BVerfG) declared void the process of…
The European Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. Commissioner Thierry Breton for the Internal Market has written this in answer to questions of MEP Patrick Breyer. Breyer, member of the European Parliament for the German Pirate Party, asked the European Commission on 5 May 2020 to confirm…
The PTAB did not err in finding that airplane interior designers would have been motivated to combine prior art to arrive at the space-saving configuration disclosed by the challenged patents. Challenged claims of patents related to space-saving technologies for aircraft lavatories and other aircraft enclosures were correctly determined by the Patent Trial and Appeal Board…
The question whether SPCs should be available for new therapeutic applications of previously approved active ingredients has been a matter of debate ever since the SPC Regulation for Medicinal Products came into force in the European Union more than a quarter-century ago. While a literal reading of the SPC Regulation would clearly seem to exclude…
Whilst the Italian Courts are not famous for awarding substantial damages in IP cases, a recent decision of the Rome Court of Appeal seems to have gone in the opposite direction, albeit taking a very long time to deliver the result. In this article, we report on a case started in 2012, which came to…
A personal account on the oral proceedings I recently had before the Boards of Appeal I recently had oral proceedings at the EPO’s Boards of Appeal for the first time since the outbreak of the COVID-19 pandemic in Europe. As many practitioners may be interested in how this is organized, I am happy to share…
The tendency of English people to be understated in their use of language (other than on Twitter…) is often joked about with continental friends and colleagues. For example, when an English person expresses a slight disagreement, their continental counterpart might have felt more able to be blunt and say that something is just plain wrong. …
