EPLAW PATENT BLOG

FR – Otis v. Schindler (07/07376)

Posted: July 1st, 2009

Otis Elevator Company v. S.A. Schinlder, infringement and invalidity proceedings, Tribunal de Grande Instance, Paris, France, 1 July 2009, Docket No. 07/07376, with thanks to Pierre Véron, Véron & Associés As the person skilled in the art had at his disposal all the characteristics of the preamble of asserted claim 1 in the prior German […]

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FR – Otis v. Schindler (06/18186)

Posted: July 1st, 2009

Otis Elevator Company v. S.A. Schinlder, infringement and invalidity proceedings, Tribunal de Grande Instance, Paris, France, 1 July 2009, Docket No. 06/18186, with thanks to Pierre Véron, Véron & Associés Claim 1 of the foregoing patent is invalid for insufficient disclosure, the skilled person not being able to select the dimensions of the wedge clamp […]

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FR – SA Chronopost v. SAS DHL Express France

Posted: June 23rd, 2009

SA Chronopost v. SAS DHL Express France, community trademark (territorial scope of injunction; referral ECJ), Cour de cassation, Paris, France, 23 June 2009, Case no.: 08-13729, with thanks to Pierre Véron, Véron & Associés
This judgment issued by the highest court for civil cases in France may be of interest to patent practitioners,

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DE – Fish-bite indicator / invalidity

Posted: June 18th, 2009

Fischbissanzeiger (Fish-bite indicator), invalidity proceedings (inventive step), Federal Supreme Court, Germany, 18 June 2009, Docket No. Xa. ZR 138/05 For examining inventive step the “closest prior art” is not the sole starting point (deviation from the formal approach used by the EPO). Choosing a specific starting point requires a specific justification. In this context, it […]

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HU – No preliminary injunction based on provisional patent protection

Posted: May 26th, 2009

(Redacted Judgment), preliminary injunction proceedings, Metropolitan Appeal Court, Budapest, Hungary, 26 May 2009, Docket No. 8.Pkf (redacted) No preliminary injunction available if the patent protection is only provisional. The Metropolitan Appeal Court in Budapest confirmed the first instance ruling of the Metropolitan Court in which it rejected the request for a preliminary injunction that was […]

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IT – Rheon Automatic Machinery v. Tecno Stamp

Posted: May 22nd, 2009

Rheon Automatic Machinery Co. LTD. v. Tecno Stamp S.R.L., damages proceedings, Venice Court, Italy, 22 May 2009, Docket No. 3469/2004, with thanks to Sandro Hassan, Siblegal The Venice Court discusses the criteria to assess damages for patent infringement. The previous interim judgment in this case, which acknowledged infringement and ordered continuation of the proceedings for […]

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DE – Holzhäcksler / infringement

Posted: May 18th, 2009

Holzhäcksler (Wood chaff cutter), infringement proceedings (preliminary injunction and validity), Court of Appeals Düsseldorf, 18 May 2009, Docket No. 2 U 140/08 The Court refused to grant a preliminary injunction for patent infringement because the patent in dispute lacked sufficiently secure validity due to contradicting votes in view of the same set of facts and […]

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UK – LEO Pharma v. Sandoz Limited / First instance

Posted: May 15th, 2009

LEO Pharma A/S and LEO Laboratories Limited v. Sandoz Limited, invalidity proceedings, High Court of Justice, Chancery Division, Patents Court, UK, 15 May 2009, Docket No. HC08C00391, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons Sandoz unsuccessfully challenges Leo's patent on the basis that the claimed invasion is anticipated by and/or it […]

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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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