Search for: "Miquel Montañá"
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18 Mar 2019, 4:20 am
Miquel Montañ;áOn 12 February 2019, the Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by “drawings” for the purpose of interpreting the scope of protection of a patent. [read post]
26 Feb 2019, 12:10 pm
Miquel Montañ;áOne has to have a lot of courage to accept the task of coordinating a book on Supplementary Protection Certificates (“SPCs”). [read post]
25 Feb 2019, 9:40 am
Miquel Montañ;áOne has to have a lot of courage to accept the task of coordinating a book on Supplementary Protection Certificates (“SPCs”). [read post]
4 Feb 2019, 2:50 am
Miquel Montañ;áDuring the 2018 Mobile World Congress (“MWC”), Barcelona Commercial Court number 1 ordered a preliminary injunction preventing a company that was taking part in the Congress from continuing to market mobile phones that allegedly used antennas protected by patents owned by the applicant. [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]
8 Jan 2019, 8:10 am
Miquel Montañ;áA recent judgment of 18 December 2018 from the Barcelona Court of Appeal has partially reversed a judgment of 9 December 2016 from Barcelona Commercial Court number 4, which had rejected the locus standi of a non-exclusive licensee to file a patent infringement action. [read post]
27 Dec 2018, 2:30 am
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]
11 Dec 2018, 6:54 am
On the Kluwer Patent Blog, Miquel Montañ;á provides some political context to the decision: Political Dimension of Tomatoes, Broccoli and Peppers.EP Law reports on a German patent infringement case, in which the question of direct infringement of a combination patent was considered. [read post]
10 Dec 2018, 9:00 am
Miquel Montañ;áAs already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO’s Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent Convention (“EPC”) and that, therefore, it does not prevent the patentability of new pepper plants and fruits with improved nutritional value (patent EP 2753168). [read post]
26 Nov 2018, 2:09 am
Miquel Montañ;áIn its judgment of 25 July 2018 (Case C-121/17 Teva v. [read post]
12 Nov 2018, 1:50 am
Miquel Montañ;áOver the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. [read post]
29 Oct 2018, 2:15 am
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]
15 Oct 2018, 10:10 am
Miquel Montañ;áA recurring topic of discussion in patent infringement proceedings in Spain is the degree of evidence required to prove the damage caused by acts of patent infringement. [read post]
12 Sep 2018, 1:17 am
Miquel Montañ;áOne of the points sometimes debated in patent cases is the date when a claim for patent infringement becomes “time-barred” (i.e. the date on which it “prescribes”). [read post]
21 Aug 2018, 12:46 am
Miquel Montañ;áUpon reading the title of this blog entry, readers may be wondering what the “ex re ipsa” doctrine involves. [read post]
6 Aug 2018, 10:00 am
Miquel Montañ;áOn 13 April 2018, the Barcelona Court of Appeal (Section 15) wrote a decision highly illustrative of the challenges that an “added matter” objection may raise in Spain, particularly in the context of preliminary injunction proceedings. [read post]
3 Jul 2018, 4:15 am
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]
18 Jun 2018, 9:42 am
Miquel Montañ;áIn July 2017, the Patents Court of Barcelona handed down a decision finding that “Swiss-type” claims were affected by the Reservation made by Spain when it ratified the European Patent Convention (“EPC”), whereby European patents, insofar as they confer protection on chemical or pharmaceutical products “as such“, shall be ineffective in Spain. [read post]
31 May 2018, 8:52 pm
Miquel Montañ;áAs most readers will know, yesterday the European Commission published a proposal to amend Regulation 469/2009 concerning the supplementary protection certificate for medicinal products (the “SPC Regulation”) aimed at introducing a so-called “manufacturing exemption for export purposes” (in short, a “manufacturing waiver”). [read post]
30 May 2018, 8:45 am
Miquel Montañ;áAs most readers will know, yesterday the European Commission published a proposal to amend Regulation 469/2009 concerning the supplementary protection certificate for medicinal products (the “SPC Regulation”) aimed at introducing a so-called “manufacturing exemption for export purposes” (in short, a “manufacturing waiver”). [read post]
