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11 Jul 2017, 9:42 am by Miquel Montañá
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 by Miquel Montañá
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]
27 Dec 2018, 2:30 am by Miquel Montañá
Miquel Montañ;áThe Mobile Word Congress (“MWC”) is the largest mobile trade event in the world and one of the most significant trade fairs taking place in Barcelona. [read post]
9 Sep 2019, 4:39 am by Miquel Montañá
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 by Miquel Montañá
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]
11 Jul 2019, 10:20 am by Miquel Montañá
Miquel Montañ;áOne of the principles inherited from Roman law is that “venire contra factum propium non valet“. [read post]
7 Aug 2016, 12:41 am by Miquel Montañá
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]
11 Sep 2019, 1:00 pm by Oswin Ridderbusch
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]
21 Jan 2019, 4:21 am by Miquel Montañá
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]
6 Jan 2024, 1:24 am by Kluwer Patent blogger
, 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]