Search for: "Miquel Montañá"
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2 Jan 2022, 8:17 am
The author referred to two decisions following the Paris Supreme Court's decision in XIAOMI v PHILIPS confirming this trend and stating that the Paris High Court has jurisdiction to set a global FRAND rate because the European Telecommunications Standards Institute (ETSI) is based in Nice (7 December 2021, [RG 20/12558] and [RG 20/12558]).Miquel Montañ;á (Clifford Chance) reflects on the link between the European Patent Office (EPO) and the rule… [read post]
17 May 2016, 8:41 am
Miquel Montañ;áClifford ChanceIn a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as “product-by-process” claims. [read post]
31 May 2018, 8:52 pm
Miquel Montañ;áAs most readers will know, yesterday the European Commission published a proposal to amend Regulation 469/2009 concerning the supplementary protection certificate for medicinal products (the “SPC Regulation”) aimed at introducing a so-called “manufacturing exemption for export purposes” (in short, a “manufacturing waiver”). [read post]
12 Jul 2017, 10:14 am
Miquel Montañ;áWhen this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word “Spanish” before “Supreme Court”, and the blog was written in English, the reader had been misled; he initially thought that the judgment discussed had been issued by the U.S. [read post]
31 Oct 2017, 11:04 am
Miquel Montañ;áDuring the past decade, Spanish courts have debated the impact of the TRIPS Agreement (“TRIPS”) on patents the applications of which were filed before 7 October 1992, that is, before Spain’s Reservation under Article 167 of the European Patent Convention (“EPC”) expired. [read post]
13 Jun 2019, 9:10 am
Miquel Montañ;áOver the last few months, SPC aficionados have been expecting the birth of what is known as the “SPC Manufacturing Exception” proposed by the European Commission. [read post]
12 Jul 2017, 10:14 am
Miquel Montañ;áWhen this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word “Spanish” before “Supreme Court”, and the blog was written in English, the reader had been misled; he initially thought that the judgment discussed had been issued by the U.S. [read post]
27 Jun 2017, 4:06 am
Miquel Montañ;áNo doubt, one of the patentability requirements which is more difficult to examine is inventive step. [read post]
23 Jul 2016, 5:53 pm
Miquel Montañ;áClifford ChanceAs readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of “second medical use” claims and, in particular, the activities required of third parties to guarantee the fair protection of such claims. [read post]
26 Nov 2018, 2:09 am
Miquel Montañ;áIn its judgment of 25 July 2018 (Case C-121/17 Teva v. [read post]
17 Feb 2020, 9:53 am
Miquel Montañ;áIn Odiorne v. [read post]
15 Apr 2019, 7:27 am
Miquel Montañ;áA recently published Decision of 9 November 2018 from Barcelona Commercial Court number 5 sheds some light on the indicia that may or may not be sufficient for the purposes of ordering a preliminary injunction “ex parte”. [read post]
11 Jul 2017, 9:42 am
Miquel Montañ;áOne of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was “the publication of the judgment finding against the infringer of the patent, at this party’s expense, through announcements and notifications to the interested persons. [read post]
28 Apr 2016, 8:40 am
Miquel Montañ;áClifford ChanceThe most interesting aspect of patent litigation is that it gives one the opportunity to learn from a wide array of different technologies. [read post]
11 Jul 2017, 9:42 am
Miquel Montañ;áOne of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was “the publication of the judgment finding against the infringer of the patent, at this party’s expense, through announcements and notifications to the interested persons. [read post]
12 Nov 2019, 6:50 am
Miquel Montañ;áOur friends from the EPLAW Patent Blog recently published an interesting blog commenting on the judgment of 29 March 2019 from the Court of Appeal of Barcelona (Section 15) where, among other aspects, the requirements for requesting the limitation of a European patent before the Spanish Patents and Trademarks Office (“SPTO”) were discussed. [read post]
12 Jun 2016, 12:00 am
Miquel Montañ;áClifford ChanceThe main requirements for applying for a preliminary injunction in Spain are “fumus boni iuris” (i.e., indicia of likelihood of success) and “periculum in mora” (i.e. danger in the delay). [read post]
11 Oct 2019, 9:56 am
Miquel Montañ;áSince the Ruling of 19 September 2012 from the Barcelona Court of Appeal (Section 15), this Court has taken the view that when a preliminary injunction is ordered “ex parte“, if it is later lifted, the applicant is always obliged to compensate the defendant for the damages that may have been caused. [read post]
30 May 2018, 8:45 am
Miquel Montañ;áAs most readers will know, yesterday the European Commission published a proposal to amend Regulation 469/2009 concerning the supplementary protection certificate for medicinal products (the “SPC Regulation”) aimed at introducing a so-called “manufacturing exemption for export purposes” (in short, a “manufacturing waiver”). [read post]
29 Apr 2016, 8:58 am
Miquel Montañ;áClifford ChanceAccording to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. [read post]
