Patents

(Bugge Valentin)/

On 20 December 2019, The Danish Maritime and Commercial court ruled in a preliminary injunction case regarding a patented rat barrier. The plaintiff claimed that the defendant should be prohibited from producing, marketing and selling products in numerous European countries. The case concerned whether the patentee, Nordisk Innovation ApS, could obtain a preliminary injunction preventing…

Case Law, United Kingdom

/

The Court held that it had no jurisdiction to grant fortification of a cross-undertaking for damages where the injunction had been discharged. Further, the Court held that even if it had jurisdiction to do so, the evidence as to Napp’s financial position did not justify fortification of the cross-undertaking. Case date: 15 April 2019 Case number:…

Brexit, European Union, Unitary Patent, United Kingdom, UPC

/ /3 Comments

It’s been almost four years since the United Kingdom voted to leave the European Union and debates started among patent specialists what consequences this would have for the UK’s role in the Unitary Patent system. Last Friday the Brexit finally became a reality and on Monday prime minister Boris Johnson gave a speech on the…

Patents

(Wolters Kluwer Legal & Regulatory US)/

The Board’s inter partes review decision declaring unpatentable a system that monitors and controls remote devices was reversed. Based on improper claim construction, the U.S. Court of Appeals for the Federal Circuit has reversed a decision by the Patent Trial and Appeal Board declaring a patent system that monitors and controls remote devices as unpatentable….

Case Law, India, Infringement, Validity

(B.A.LL.B (Hons) IVth Year)/

It has been a year since the Supreme Court remanded the matter to the Delhi High Court in the case of Monsanto Technology LLC v. Nuziveedu & Ors[1]. However, the step may have proved to be retrograde. Background Monsanto Technology LLC (Monsanto) had a registered patent no. 214436 for Nucleotide Acid Sequence (NAS) containing the…

CJEU, European Union, Pharma, Second Medical Use, SPC

, (Vossius & Partner)/

Today, Advocate General (AG) Mr. Giovanni Pitruzzella handed down his opinion in the referral C-673/18 (Santen). The case concerns an SPC based on a second medical use/formulation patent and stems from a referral to the CJEU made by the Paris Court of Appeal with decision of 9 October 2018 in Santen v. INPI (see here…

Case Law, Spain

(Clifford Chance)/

A dispute over a mechanical patent in the children’s toy business allows us to get a peek at the courts in Valencia, one of the latest additions to the roster of Spanish courts that have jurisdictions in patent matters, and teaches a lesson on the importance of formalities and translations in Spanish civil litigation. Case…