Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the outcome in the present case. Case date: 28 May 2019 Case number: 200.222.873/01 Court: Court of Appeal of The Hague A full…
The legislative procedure introducing an SPC manufacturing waiver in the European Union has been completed today on 11 June 2019 with the publication of the corresponding new Regulation (EU) 2019/933 of 20 May 2019 (PDF) in the Official Journal of the EU. The manufacturing waiver provisions will enter into force on the 20th day after…
The Court of Appeal dismissed Synthon’s appeal against the Patent Court’s finding that the patent in suit did involve an inventive step over the prior art, and Teva’s appeal against the Court’s finding that certain claims of the patent were invalid for added matter. Case date: 21 March 2017 Case number: [2017] EWCA Civ 148…
by Hetti Hilge In its latest FRAND judgment the Düsseldorf appeal court confirmed that in the context of FRAND evaluation the emphasis shall be – in contrast to English practice – on the ND (‘non-discriminatory’) prong of FRAND. The decision was rendered on 22 March 2019 in the appeal proceedings between Unwired Planet and Huawei…
The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. Case number: 26 March 2019 Case date: 200.230.424/01C/09/509050 / HA ZA 16-435 Court: Court of Appeal of…
Three years after the last recruitment campaign for legally and technically qualified judges of the Unified Patent Court, the UPC Preparatory Committee has launched a new round of recruitment for UPC judges. An announcement was published on the website of the Preparatory Committee (Prep Com) earlier today. Kluwer IP Law understands the Preparatory Committee had…
A judgment from Henry Carr J refusing an interim injunction to Abbott against Edwards Lifesciences was released to the public on 24 May 2019. The application related to Edwards’ PASCAL medical device to treat mitral regurgitation in the heart. PASCAL is implanted in the mitral valve via a catheter by a procedure known as TMVr….
The Court held that the defendant had infringed the claimant’s patent for the removal of suspended particles and removal of boron from the polluted waters, through its installation of recycling systems of semi-clean (grey) water in several premises and had failed to compensate the claimant financially for the use without his consent. Case date: 25…
On April 11, the National Assembly definitively adopted the PACTE bill[1]. In its section entitled “Protecting inventions and freeing up the experimentation of our companies”, the bill contains several patent provisions aimed, according to the text, at “promoting innovation and facilitating the growth of SMEs“. The main innovations in the field of industrial property, as…
The SUEPO trade union has called for a strike in all EPO sites around the next Administrative Council’s meeting in June. ‘Almost one year after the arrival as Mr. Campinos as President of the EPO, we note with regret that the social situation hasn’t improved and that none of the root causes of the many…
