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4 Jul 2017, 11:13 am by Miquel Montañá
Miquel Montañ;á and Miquel Montañ;áIn relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on 14 July 2016 in which it declared that the Defendant had directly infringed this patent by reproducing one of the essential elements that form the product which is the… [read post]
4 Jul 2017, 11:13 am by Miquel Montañá
Miquel Montañ;á and Miquel Montañ;áIn relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on 14 July 2016 in which it declared that the Defendant had directly infringed this patent by reproducing one of the essential elements that form the product which is the… [read post]
26 Sep 2017, 5:20 am by Miquel Montañá
Miquel Montañ;áFor the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the “objective technical problem” as defined in the patent’s specification, b) the limits to the combination of prior art documents and c) the professional qualifications required for experts to testify as “persons skilled in the art”… [read post]
25 Oct 2017, 6:56 pm by Miquel Montañá
Miquel Montañ;áOn 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that “the interpretation of the scope of protection of a patent for the purposes of analysing its validity cannot be different from when its infringement is analysed”. [read post]
19 May 2017, 1:13 am by Miquel Montañá
Miquel Montañ;áOn 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that “the interpretation of the scope of protection of a patent for the purposes of analysing its validity cannot be different from when its infringement is analysed”. [read post]
25 Oct 2017, 12:59 am by Miquel Montañá
Miquel Montañ;áFor the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the “objective technical problem” as defined in the patent’s specification, b) the limits to the combination of prior art documents and c) the professional qualifications required for experts to testify as “persons skilled in the art”… [read post]
9 Dec 2013, 5:36 am
 This moggy was fascinated to read this blog by Miquel Montañ;á, Clifford Chance pointing out that "Not one single candidate out of 1300 applications fulfils the conditions required to be a candidate judge at the UPC". [read post]
29 Oct 2018, 2:15 am by Miquel Montañá
Miquel Montañ;áBack in 1993, the President of Section 15 of the Barcelona Court of Appeal, Justice José Ramón Ferrándiz (now retired from the Supreme Court), fostered the specialisation of the different Sections of that Court to various areas of private law. [read post]
26 Feb 2018, 9:55 am by Miquel Montañá
Miquel Montañ;áAs published in previous blogs, on 1 April 2017 a new Patents Act came into force in Spain which has modernized Spanish patent law. [read post]
3 Oct 2016, 6:59 am by Miquel Montañá
Miquel Montañ;áClifford ChanceAccording to Spanish law, the decisions handed down by the Spanish Patents and Trademarks Office (“SPTO”) in relation to applications for Supplementary Protection Certificates (“SPCs”) may be appealed to the “High Courts of Justice. [read post]
17 Oct 2016, 1:40 am by Miquel Montañá
Miquel Montañ;áClifford ChanceA recent Ruling of 9 September 2016 from the Court of Appeal of Barcelona (Section 15) illustrates the risks of defendants taking a “wait and see” attitude in the context of proceedings aimed at liquidating damages. [read post]
3 Jul 2018, 4:15 am by Miquel Montañá
Miquel Montañ;áHistorically, the Spanish Patents and Trademarks Office (“SPTO”) has rejected the correction of the registered term of supplementary protection certificates (“SPCs”), even in cases where such term has had to be recalculated due to the new case law emanating from the Court of Justice of the European Union (“CJEU”). [read post]
2 Oct 2017, 6:56 pm by Miquel Montañá
Miquel Montañ;áA judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. [read post]
15 May 2017, 10:09 am by Miquel Montañá
Miquel Montañ;áMost readers will be aware of the so-called “all elements” test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element of the claim. [read post]
21 Aug 2018, 12:46 am by Miquel Montañá
Miquel Montañ;áUpon reading the title of this blog entry, readers may be wondering what the “ex re ipsa” doctrine involves. [read post]
22 Jan 2018, 4:54 am by Miquel Montañá
Miquel Montañ;áIn our last blog (Will the Spanish Patent Office accept the modification of an SPC’s term after the Incyte judgment?) [read post]
3 Apr 2017, 10:02 am by Miquel Montañá
Miquel Montañ;áLast Saturday (1 April 2017) the Spanish Official Gazette (“Boletín Oficial del Estado”) published Royal Decree 316/2017, dated 31 March, containing the Implementing Regulations of the Patents Act 24/2015, of 24 July. [read post]
2 Mar 2017, 5:16 am by Miquel Montañá
Miquel Montañ;á On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding to twice the remuneration amount that the third party… [read post]
6 Feb 2017, 9:28 am by Miquel Montañá
Miquel Montañ;áClifford ChanceOn 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding to twice the remuneration amount that the third… [read post]
6 Mar 2017, 8:19 am by Miquel Montañá
Miquel Montañ;áOne of the objectives of the new Patents Act that is to come into force on 1 April 2017 is to prompt a higher level of specialization of Judges dealing with patent cases. [read post]