A decision from Mr Justice Birss in Adaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc [2014] EWHC 4194 has introduced additional complications for parties found to infringe a patent who then seek to work around the same. In essence that party cannot simply sit back and assume that the only feature to address…
And Richard Pratt Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227 Summary At the Patents Court before Vos J, Swarovski-Optik brought patent infringement proceedings against Leica Camera, who challenged the validity of Swarovski’s patent. The patent related to riflescopes. The judgment focused on the importance of identifying the skilled person and defining the correct…
In this blog I report about how the Bundesgerichtshof (BGH) has recently eliminated some potential for conflicting decisions in Germany’s bifurcated patent litigation system. The separation of infringement and invalidity proceedings is the basis for what we call the “mouse and elephant strategy”. In the infringement proceedings the patentee tries to establish a scope of…
