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31 Oct 2016, 4:35 am by Miquel Montañá
Miquel Montañ;áClifford ChanceThe Court of Appeal of Barcelona (Section 15) recently upheld an appeal filed by a manufacturer of security systems against a judgment that had dismissed a patent infringement action filed against a former distributor who was manufacturing duplicates of the keys used in such system. [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 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]
19 Sep 2016, 1:47 am by Miquel Montañá
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]
21 Aug 2016, 12:00 am by Miquel Montañá
Miquel Montañ;áClifford ChanceOne of the possible methods to examine incentive activity is what is known as the “problem and solution approach” usually applied by the European Patent Office (“EPO”). [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]
23 Jul 2016, 5:53 pm by Miquel Montañá
Miquel Montañ;áClifford ChanceAs readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of “second medical use” claims and, in particular, the activities required of third parties to guarantee the fair protection of such claims. [read post]
27 Jun 2016, 3:05 am by Miquel Montañá
Miquel Montañ;áClifford ChanceLast Friday Europe woke-up with the worst news since World War II, which could have far-reaching consequences not only for the economy, but also for the values that one would like to see prevailing in the world. [read post]
12 Jun 2016, 12:00 am by Miquel Montañá
Miquel Montañ;áClifford ChanceThe main requirements for applying for a preliminary injunction in Spain are “fumus boni iuris” (i.e., indicia of likelihood of success) and “periculum in mora” (i.e. danger in the delay). [read post]
17 May 2016, 8:41 am by Miquel Montañá
Miquel Montañ;áClifford ChanceIn a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as “product-by-process” claims. [read post]
29 Apr 2016, 8:58 am by Miquel Montañá
Miquel Montañ;áClifford ChanceAccording to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. [read post]
28 Apr 2016, 8:40 am by Miquel Montañá
Miquel Montañ;áClifford ChanceThe most interesting aspect of patent litigation is that it gives one the opportunity to learn from a wide array of different technologies. [read post]
3 Apr 2016, 8:55 pm by Miquel Montañá
Miquel Montañ;áClifford ChanceAs a foreign spectator of the litigation between Actavis and Eli Lilly (Alimta®) before the English Patents Court (the Hon. [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]