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14 May 2019, 10:31 am
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]
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]
21 Feb 2017, 1:11 am
Miquel Montañ;áClifford ChanceThe new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised “utility model” that is expected to become the natural alternative for “non-examined” patents, which the new law has put at bay. [read post]
12 Dec 2017, 3:57 am
Miquel Montañ;áOne of the drawbacks of a fragmented patent litigation system in Europe is the existence of contradictory judgments on exactly the same question from Courts of different European countries. [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]
28 Nov 2017, 10:00 am
Miquel Montañ;áAs readers know well, AgrEvo (T 939/92) is a landmark case in the history of European patent law. [read post]
28 Apr 2017, 9:56 am
Miquel Montañ;áIn the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, “imported” from the so-called “EPO case law”. [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]
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]
28 Nov 2016, 2:45 am
Miquel Montañ;áClifford ChanceTomatito (“little tomato”) is the nickname of a very popular Spanish flamenco guitar player, who began his career with mythical singers of flamenco such as Camarón de la Isla (“prawn from the island”) and who has played around the world accompanying other singers with more mundane names such as Frank Sinatra or Elton John. [read post]
19 Sep 2016, 1:47 am
Miquel Montañ;áClifford ChanceEarlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain “Diligencias para la comprobación de hechos” (“Proceedings for the Verification of Facts”; a procedure roughly equivalent to the French “Saisie-contrafaçon“) in Spain unless they carefully prove that the application fulfils certain conditions. [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]
26 Mar 2018, 9:51 am
Miquel Montañ;áAs discussed in previous blogs, four years ago (yes, it has already been four years, tempus fugit) the Barcelona Commercial Court Judges who hear patent cases published a Protocol aimed at providing a quick and efficient service to participants of the Mobile World Congress (“MWC”) that takes place every year in Barcelona. [read post]
9 Apr 2018, 2:44 am
Miquel Montañ;áIn one of the saga of cases that involved Societé des Produits Nestlé and companies that are trying to market capsules compatible with Nescafé’s Dolce Gusto system, the defendant alleged, among other arguments, that some of the patents asserted were null due to a lack of inventive step. [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]
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]
16 Sep 2019, 2:10 am
See here for a review by Judge Jürgen Schell (in German) and a review by Miquel Montañ;á (in English). [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]
26 Jul 2017, 3:49 am
Miquel Montañ;áIn paragraph 54 of its judgment of 12 July 2017, the UK Supreme Court wrote that “[…] notwithstanding what Lord Diplock said in Catnic [1982] RPC 183, 242, a problem of infringement is best approached by addressing two issues, each of which is to be considered through the eyes of the notional addressee of the patent in suit, ie the person skilled in the relevant art. [read post]
2 Jan 2022, 8:17 am
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]
