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12 Jan 2019, 7:38 am
Bart van WezenbeekThe court solved the question of inventive step using the problem-solution approach, defining the objective technical problem without including a pointer to the solution of the problem. [read post]
9 Apr 2019, 1:30 am
Bart van WezenbeekThe Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary that the compound for which the SPC is granted can be specifically identified in the patent. [read post]
20 Dec 2019, 6:28 am
Bart van WezenbeekIn the present preliminary case the consequence of the termination of the agreement between Medical Workshop and Sharpsight was that Medical Workshop was no longer able to use the name Invitria for the sale and marketing of the ophthalmalogic product protected by a patent owned by the single shareholder of Sharpsight. [read post]
9 Feb 2019, 3:45 am
Bart van WezenbeekRelevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims. [read post]
17 Feb 2020, 2:33 am
Bart van WezenbeekThe provisions judge determined that there was a serious chance that the patent of Tomra on a self-sealing pressure release apparatus was invalid and thus did not grant a preliminary injunction to prevent marketing by Kiremko of their Strata Invicta system. [read post]
8 Dec 2018, 8:28 am
Bart van WezenbeekThe Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. [read post]
9 Jan 2019, 5:25 pm
Bart van WezenbeekThe Court of Appeal of the Hague confirmed that a technical effect may only be cooroborated by post-filed data if it is sufficiently plausible from the description. [read post]
18 Sep 2019, 11:28 am
Bart van WezenbeekA request for re-establishment should be filed within two months of the date of removal of non-compliance. [read post]
31 Jul 2019, 2:05 pm
Bart van WezenbeekThe holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take a licence. [read post]
9 Jul 2019, 1:01 am
Bart van WezenbeekA patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered. [read post]
3 Dec 2019, 1:51 am
More from our authors: Vissers Annotated European Patent Convention by Derk Visser, Laurence Lai, Peter de Lange, Kaisa Suominen€ 105 Japanese Patent Law: Cases and Comments by Christopher Heath, Atsuhiro Furuta€ 181 Patent Law Injunctions by Rafal Sikorski€ 181 [read post]
25 Sep 2019, 5:55 am
Bart van WezenbeekA claim defining a compound as having a certain purity would lack novelty over a prior art disclosure describing the same compound only if the prior art disclosed the claimed purity at least implicitly, for example by way of a method for preparing said compound, the method inevitably resulting in the claimed purity. [read post]
4 Sep 2019, 1:22 am
Bart van WezenbeekCases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for preliminary proceedings. [read post]
18 Jul 2019, 5:43 am
Bart van WezenbeekThe scope of a patent is to be interpreted according to Art. 69 EPC and the Protocol. [read post]
12 Jan 2009, 5:50 am
Or so I thought.And then, early New Year's morning, 22-year-old Oscar Grant was shot in the back by a Bay Area Rapid Transit (BART) police officer as he lay face down on an Oakland BART platform. [read post]
27 Jan 2009, 12:48 am
While I don't extrapolate from yet another "isolated incident" of a kid being executed that everything in the system is horrible and everyone corrupt, it begs the question of how it's possible that Officer Tony Pirone has escaped notice in the course of BART cop Johannes Mehserle, the shooter. [read post]
6 Jul 2011, 2:33 pm
He was laying flat with his face to the ground when he was shot and killed by the officer. [read post]
24 Oct 2012, 11:41 am
The proposed rule lays out strategies that enhance the ability of futures brokerages to disclose information about risks specific to certain firms. [read post]
5 Aug 2011, 3:04 pm
The makers of Dodd-Frank intended SDRs be used for, in the words of CFTC Commissioner Bart Chilton, “‘letting the sunshine in’ to what we used to call these dark markets for swaps trading. [read post]
28 Aug 2019, 7:23 am
Bart van WezenbeekA claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step. [read post]
