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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]
2 Jan 2022, 8:17 am by Giorgio Luceri
The author referred to two decisions following the Paris Supreme Court's decision in XIAOMI v PHILIPS confirming this trend and stating that the Paris High Court has jurisdiction to set a global FRAND rate because the European Telecommunications Standards Institute (ETSI) is based in Nice (7 December 2021, [RG 20/12558] and [RG 20/12558]).Miquel Montañ;á (Clifford Chance) reflects on the link between the European Patent Office (EPO) and the rule… [read post]
31 May 2020, 1:24 am by Anastasiia Kyrylenko
Miquel Montañ;á, the contributing author, looked into how the Spanish case-law prior to the Directive allowed right holders to ask for a preliminary injunction in a situation where no acts of infringement or imminent infringement had been established. [read post]
16 Jan 2020, 3:09 am by Miquel Montañá
Miquel Montañ;áBarcelona Commercial Courts have a well-deserved reputation for being dynamic and creative. [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]
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]
11 Oct 2019, 9:56 am by Miquel Montañá
Miquel Montañ;áSince the Ruling of 19 September 2012 from the Barcelona Court of Appeal (Section 15), this Court has taken the view that when a preliminary injunction is ordered “ex parte“, if it is later lifted, the applicant is always obliged to compensate the defendant for the damages that may have been caused. [read post]
16 Sep 2019, 2:10 am by Oswin Ridderbusch
See here for a review by Judge Jürgen Schell (in German) and a review by Miquel Montañ;á (in English). [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]
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]
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]
13 Jun 2019, 9:10 am by Miquel Montañá
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]
14 May 2019, 10:31 am by Miquel Montañá
Miquel Montañ;áOne of the actors that has been seeking to pop-up in the European patent theatre in recent decades is plausibility. [read post]
15 Apr 2019, 7:27 am by Miquel Montañá
Miquel Montañ;áA recently published Decision of 9 November 2018 from Barcelona Commercial Court number 5 sheds some light on the indicia that may or may not be sufficient for the purposes of ordering a preliminary injunction “ex parte”. [read post]