In most legal systems, preliminary injunctions in patent matters require the applicant to show that he would suffer an irreparable disadvantage without the approval of the requested preliminary injunction. In the different legal systems, there are different standards and requirements for the proof of irreparable harm. While some jurisdictions require a completely irreparable disadvantage, others…
By Thomas Becher, German and European Patent Attorney, Hoffmann Eitle From a first read, Decision T 1731/12 may have a tremendous impact on the patenting of medical devices at the European patent office. The EPO itself seems to attach quite some importance to the decision because it has provided an official headnote which serves to summarize…
The Board properly found that a person skilled in the art would not be motivated to combine two prior art references and that industry praise supported a finding of nonbviousness. Substantial evidence supported the Patent Trial and Appeal Board’s determination following inter partes review that a patent owned by Frymaster LLC for measuring cooking oil…
A claim defining a compound as having a certain purity would lack novelty over a prior art disclosure describing the same compound only if the prior art disclosed the claimed purity at least implicitly, for example by way of a method for preparing said compound, the method inevitably resulting in the claimed purity. Such a…
As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual property rights of a rights owner. For a quite long time patent owners were squeezed between conflicting approaches in…
The injunction gap is a frequently discussed characteristic of those European jurisdictions, Hungary being one such country, whose patent litigation systems are bifurcated. In a preliminary injunction proceeding in Hungary the court does not assess the validity of the patent in suit, at least not simply at the level of arguments, although decisions on invalidity…
By Sarah Blair This panel session provided an update on the current state of play of Brexit and its impact on intellectual property law. The panel’s moderator, Daniel Cheng Yong Lim (Kirkland & Ellis), opened the session by providing a brief introduction to the current situation: the UK is currently set to leave the EU…
The Bundesgerichtshof (German Federal Court of Justice, BGH) clarified the scope and limits of a prior use right of a manufacturer and supplier of components of a patented device (BGH, judgment of 14 May 2019, X ZR 95/18 – Schutzverkleidung). Under German patent law, a patent has no effect with respect to a party who…
A request for re-establishment should be filed within two months of the date of removal of non-compliance. This date may be the date on which the applicant became aware of the missed due date, even if the professional representative did receive the EPO communications mentioning the failure to comply with the deadline. Case date: 18 June…
Moderated by the Chair of AIPPI’s Biotech Committee, Dr Juergen Meier, this pharma panel session aimed to compare and contrast the protection available to proprietors of antibody patents across a number of important jurisdictions: the US, Canada, Europe, China and Japan. Echoing a point made by Sir Robin Jacob in his address at the Opening…
