EPLAW PATENT BLOG

DE – Pneumatisches Schlagwerkzeug / infringement

Posted: May 14th, 2009

Pneumatisches Schlagwerkzeug (Pneumatic striking tool), infringement proceedings (introducing a new claim on appeal), Court of Appeals Düsseldorf, Germany, 14 May 2009, Docket No. 2 U 65/04 Asserting a claim for destruction of the infringing embodiments for the first time in the appeal instance is a generally admissible extension of the original complaint. Read the judgment […]

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IT – Saip & Schyller, Schneider Electric Industries / Optima

Posted: May 14th, 2009

Saip & Schyller S.p.A., Schneider Electric and Industries Sas and Schneider Electric S.p.A. re 'Optima', appeal from decision rejecting a preliminary injunction, Milan Court, Italy, 14 May 2009, Docket No. 5439/09, With thanks to Sandro Hassan, Siblegal Rejected appeal from a decision rejecting a request for preliminary injunction due to doubts both as to infringement […]

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IT – Gipron Giuseppe Pronzati v. Masters

Posted: April 23rd, 2009

Gipron Giuseppe Pronzati S.P.A. v. Masters S.R.L., Italian Supreme Court, Italy, 23 April 2009, Docket No. 19688/2009, with thanks to Sandro Hassan, Siblegal The Supreme Court confirms that damages for infringements can only be claimed as from the date on which a patent application was either laid open to the public or formally served upon […]

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EPO – Board of Appeal T 1143/06 / Data selection system

Posted: April 1st, 2009

EPO, Board of Appeal 3.5.01, 1 April 2009, Docket No. T 1143/06 – Data selection system
The Board confirmed a strict approach regarding the treatment of features relating to a presentation of information in view of inventiveness and confronted the more liberal view expressed by a different Board. In the present case, the deciding Board held that a feature which relates to the manner how cognitive content is conveyed to the user on a screen normally does not contribute to a technical solution to a technical problem.

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FR – Johnson&Johnson v. Novartis

Posted: March 25th, 2009

Johnson&Johnson c.s. v. Novartis, infringement and invalidity proceedings, Tribunal de Grande Instance, Paris, France, 25 March 2009, Docket No. 07/13504, with thanks to Pierre Véron, Véron & Associés This action is part of the wider (ophthalmic lens) dispute between the same parties in the US, Australia and various European countries (Germany, Britain and Italy). Although […]

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DE – Italian Torpedo

Posted: March 17th, 2009

Italienischer Torpedo/Italian Torpedo – patent infringement, Düsseldorf Regional Court, Germany, 17 March 2009, Case No.: 4b O 218/08  The only factual requirements pursuant to Article 27 Council Regulation (EC) no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are the identity of the parties and […]

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FR – Institut Pasteur v. Chiron

Posted: March 4th, 2009

Institut Pasteur v. Chiron Healthcare c.s., appeal in infringement proceedings, Cour d'Appel, Paris, France, 4 March 2009, Docket No. 07/08437, with thanks to Pierre Véron, Véron & Associés Even a pioneer patent cannot be granted a general scope if its claims are drafted using restrictive words. A non-ambiguous claim with a narrow scope cannot be […]

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DE – Standards and FRAND

Posted: February 27th, 2009

Infringement proceedings (Standards and FRAND), Mannheim Regional Court, Germany, 27 February 2009, Case No.: 7 O 94/08 The declaration by the owner of a patent vis-à-vis a standardisation organisation to grant a licence to any interested party at conditions which are fair, reasonable and not discriminating is not in rem disposition over the patent, but […]

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DE – Infringement / Patent Troll

Posted: February 27th, 2009

Infringement proceedings (patent troll), Mannheim Regional Court, Germany, 27 February 2009, Case No.: 7 O 94/08
Even a patent licensing company which does not produce or sell patented products has a right to injunctive relief vis-à-vis third parties if there is a patent infringement. It is neither harassment

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DE – Mannheim / determining validity before expiry of opposition time limit

Posted: February 27th, 2009

Infringement proceedings (preliminary injunction), Mannheim Regional Court, 27 February 2009, Case No.: 7 O 29/09
As a rule the validity which has to be determined positively for a preliminary cease-and-desist order may not be ascertained on the basis of a patent which

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