Search for: "Miquel Montañá"
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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]
30 Apr 2020, 12:59 pm
See here for a review by Judge Jürgen Schell (in German) and a review by Miquel Montañ;á (in English). [read post]
7 Aug 2016, 12:41 am
Miquel Montañ;áClifford ChanceAs readers know well, one of the issues carefully considered by courts around the world when examining inventive activity is the qualifications and experience of the experts designated by the parties to illustrate to the court what the understanding of the hypothetical “person skilled in the art” would have been on the priority date of the patent examined. [read post]
9 Jul 2020, 6:16 am
See here for a review by Judge Jürgen Schell (in German) and a review by Miquel Montañ;á (in English). [read post]
9 Sep 2019, 4:39 am
Miquel Montañ;áAs readers are well aware, one of the difficult tasks when applying article 69 of the European Patent Convention (“EPC”) and its Protocol of Interpretation is to strike the right balance between “interpreting” the claims in the context of the specification, while, at the same time, avoiding “importing” features of the specification into the claims. [read post]
13 Dec 2019, 12:42 am
Miquel Montañ;áIn view of the upcoming Christmas season, in light of a judgment of 15 October 2019 from the Court of Appeal of Valencia published recently, a call for caution for Father Christmas is in order. [read post]
9 Jul 2020, 6:16 am
See here for a review by Judge Jürgen Schell (in German) and a review by Miquel Montañ;á (in English). [read post]
11 Jul 2019, 10:20 am
Miquel Montañ;áOne of the principles inherited from Roman law is that “venire contra factum propium non valet“. [read post]
11 Sep 2019, 1:00 pm
Oswin Ridderbusch and Alexa von UexküllIn the field of supplementary protection certificates (SPCs) in the European Union, the majority of all CJEU referrals resolved to date have dealt with the interpretation of the – presumably simple – requirement that an SPC can be only granted for an active ingredient (or a combination of active ingredients) that is “protected” by the basic patent relied upon. [read post]
23 Jan 2020, 12:55 pm
Alexa von Uexküll and Oswin RidderbuschToday, Advocate General (AG) Mr. [read post]
6 Jan 2024, 1:24 am
, the number 7 in the list, Miquel Montañ;á of Clifford Chance discusses the German dominance of the new European court: ‘In reality, we are not seeing a cosmopolitan court but a German court or, to be more precise, a Munich court, which begs the question as to whether the UPC should be renamed the Unified Munich Court (“UMC”). [read post]
21 Jan 2019, 4:21 am
Miquel Montañ;áAs discussed in our blog of 30 May 2018, the EU Commission has proposed an amendment to Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products (“SPC Regulation”) aimed at introducing a “manufacturing for export exception. [read post]
