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22 May 2024, 1:15 am
The decision was not a total success for Nicoventures given the Court’s rejection of its requests for court-generated documents and documents that are not yet visible within the CMS. [read post]
21 May 2024, 2:45 am
Given the rising caseload in the UPC, it is likely the CoA will, sooner or later, have to address the issue of whether the prosecution history of a patent can be used as an aid to its interpretation and, within that, whether and to what extent, a doctrine of file wrapper estoppel exists within the UPC framework. [read post]
20 May 2024, 4:30 am
Additionally, given that the building blocks of the Metaverse are computer simulations of real-world elements, what about their patentability? [read post]
17 May 2024, 6:00 am
The explanation usually given for these inconsistencies is the difference in the litigation procedures in each of the national courts, particularly in relation to expert evidence, disclosure and length of trial. [read post]
10 May 2024, 2:30 am
Hybridisation assays are used to detect particular strands of nucleic acids within a given sample using nucleotide probes (nucleic acid fragments). [read post]
3 May 2024, 9:34 am
” It then overturned the decision of the local division based on the principle of proportionality: “Since, given all the above, it is more likely than not that the patent at issue will prove to be invalid in proceedings on the merits due to a lack of inventive step, there is no sufficient basis for the issuance of a preliminary injunction in accordance with the Applicant’s main request. [read post]
28 Apr 2024, 7:20 am
Nina Jankowicz is back . . . with a vengeance. [read post]
26 Apr 2024, 7:30 am
The importance given to the language of the prior art may be one fact that favours the rise of English as a language for UPC proceedings. [read post]
25 Apr 2024, 1:45 am
By the time a decision is issued in the procedure launched by the seized party (and in the potential subsequent appeal procedures), the right holder may already have been given access to the report describing the evidence collected or the report may have been put under escrow. [read post]
17 Apr 2024, 1:35 am
In such a case, the Court may, however, impose certain conditions on granting access, such as the obligation for that member of the public to keep the written pleadings and evidence he was given access to confidential as long as the proceedings are pending. [read post]
3 Apr 2024, 5:00 am
This is an important clarification, given that in French law, ordinances most often include such a time limit. [read post]
20 Mar 2024, 4:00 am
The reason given for the judgment was the aforementioned Brazilian Supreme Court ruling, since “the sets of claims of patents PI9810519-1 and PI9915480-3 show that the compounds were created and submitted to the Brazilian PTO’s analysis with a dual purpose, according to its human or veterinary destination. [read post]
14 Mar 2024, 8:31 am
In contrast in validity and infringement proceedings, the Court is required to evaluate for example the impact that a given piece of prior art would have had on the skilled person at the priority date of the patent in suit when assessing e.g. inventive step. [read post]
12 Mar 2024, 3:30 pm
Topsy, the elephant who killed a man, Public domain, via Wikimedia Commons Unlike in T 116/18, no detailed analysis of G 2/21 was given. [read post]
27 Feb 2024, 7:04 am
The proposal consists of two main components: the introduction of a SEP register, including essentiality checks for registered patents, and a procedure to determine FRAND conditions and aggregate royalties for use of a given standard. [read post]
19 Feb 2024, 12:22 am
Therefore, PMAC arbitral tribunals could not request a preliminary ruling if the correct interpretation of EU competition law would become decisive for the resolution of a given case. [read post]
12 Feb 2024, 1:46 am
The UK Courts have been given an opportunity to depart from the jurisprudence of the CJEU in their interpretation of the SPC Regulation. [read post]
4 Feb 2024, 7:14 am
Since MSD’s SPC for the combination of sitagliptin and metformin was granted long before the judgment of the Swiss Supreme Court of 11 June 2018, the Federal Patent Court did not examine whether the requirements of Art. 140b para. 1 lit. a Swiss Patent Act and Art. 3(a) EU SPC Regulation according to the current case law of the CJEU were given, but simply referred to the requirements of the infringement test, which were obviously met. [read post]
25 Jan 2024, 4:37 am
Indeed, agricultural innovation is increasingly important given the need to feed a growing global population. [read post]
17 Jan 2024, 6:47 am
This will enable me to carry out representations, where those criticised in the review will be given advance notice of this and provided with an opportunity to respond. [read post]
