AstraZeneca had filed an application for interim relief based on two patents, DK/EP 1250138 T4 (“EP 138”) and DK/EP 2266573 T3 (“EP 573”) against Sandoz, which conceded that to the extent that the patents were valid, the Sandoz product “Fulvestrant Sandoz” infringed upon the two patents. Sandoz took the position, however, that the patents should…
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 June, July and August. Top 3 Kluwer Copyright…
In a case concerning a patent relating to methods of transferring component tape information to a component mounting machine, the Federal Court of Justice held that when inventive step is assessed it is of the utmost importance to consider all aspects of the claimed subject-matter and in particular effects and advantages of these aspects in…
The U.S. Court of Appeals for the Federal Circuit affirmed a Texas district court’s ruling that Verizon Wireless did not infringe on Barkan Wireless’ patent despite disagreeing with the lower court’s construction of a term recited in each independent claim of the patent. Barkan Wireless had appealed the district court’s construction of the term “Access…
The Federal Court of Justice held that: The sequence of steps in a method claim is normally determined by the claim’s wording. A completely new attack based on a document only filed upon appeal is too late and not to be admitted on appeal. Case date: 09 May 2017 Case number: X ZR 97/15 Court: Federal Court of…
The choice of the starting point for evaluation of inventive step requires a justification which is not in itself provided by the fact that a certain citation proves ex post to be the “closest state of the art”. In particular, it cannot be assumed without further ado that an expert in a technical field in…
The federal district court in Tampa did not err in deciding on summary judgment that fishing boat manufacturer Yellowfin Yachts failed to establish that a former executive and his company were liable for trade dress infringement, unfair competition, or trade secret misappropriation, the U.S. Court of Appeals in Atlanta has held, affirming summary judgment in…
In a challenge to Facebook’s patent application for a method for arranging images contiguously in an array, a prior art reference—a patent application filed by Perrodin that related to placing images on a grid and did not require contiguity in response to resizing or rearranging in all cases—could not have disclosed the limitation of Facebook’s…
Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant’s DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file the DNI. However, one of the procedural pre-requisites for a DNI action had not been met: the claimant was neither industrially exploiting any actual…
Upon reading the title of this blog entry, readers may be wondering what the “ex re ipsa” doctrine involves. It therefore may be worth clarifying that it is a legal doctrine applied, for example, to cases dealing with damages, where the damage is presumed to have been caused (“causality”) when it is inherent to the…
