EPLAW PATENT BLOG

DE – Lundbeck v. Neolab Ltd. (Escitalopram) / invalidity

Posted: September 10th, 2009

Lundbeck A/S v. Neolab Ltd. et al. (Escitalopram), invalidity proceedings, Federal Supreme Court, Germany, 10 September 2009, Docket number Xa ZR 130/07 Patentability of an enantiomer over a known racemate. The Federal Supreme Court states that a publication from which it is apparent that there must be enantiomers of a chemical compound does not directly […]

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DE – Füllstoff / infringement

Posted: September 10th, 2009

Füllstoff (Filler), infringement proceedings (prior use right), Federal Supreme Court, Germany, 10 September 2009, Docket No. Xa. ZR 18/08 An alleged patent infringer is not entitled to a prior use right by virtue of law, if there is a contractual agreement in place between the alleged patent infringer and the inventor and if the alleged […]

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DE – Polyolefinfolie / opposition

Posted: September 8th, 2009

Polyolefinfolie (Polyolefin foil), opposition proceedings (violation of due process), Federal Supreme Court, Germany, 8 September 2009, Docket No. X. ZB 35/08 It must be considered as a violation of due process in opposition proceedings, if a patent is revoked based on a document which was introduced by the opponent only incidentally when setting forth an […]

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DE – Verfahren zur Lagerung von Stückgut / infringement

Posted: September 3rd, 2009

Verfahren zur Lagerung von Stückgut (Method for storing), infringement proceedings (introducing another patent in suit on appeal), Court of Appeals Düsseldorf, Germany, 3 September 2009, Docket No. 2 U 48/07 It is generally admissible to assert another patent in suit which was granted during the pending infringement appeal procedure for the first time in the […]

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EU – AHP Manufacturing BV ./. Bureau voor de Industriele Eigendom

Posted: September 3rd, 2009

EU – AHP Manufacturing BV ./. Bureau voor de Industriele Eigendom, Court of Justice, preliminary ruling, SPC, 3 September 2009, Docket No. C-482/07
The Council Regulation (EEC) No. 1768/92 does not preclude the grant of a SPC certificate to the holder of a basic patent if one or more certificates have already been granted for the same product.

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DE – Dreinahtschlauchfolienbeutel / invalidity

Posted: July 30th, 2009

Dreinahtschlauchfolienbeutel (Sachet for liquid drugs), invalidity proceedings (inventive step and secondary indicia), Federal Supreme Court, Germany, 30 July 2009, Docket No. Xa. ZR 22/06 As a matter of principle, the technical problem set out by the patent must be determined without considering the solution proposed by the patent. Furthermore, for assessing inventive step, the courts […]

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DE – Leistungshalbleiterbauelement / opposition

Posted: July 30th, 2009

Leistungshalbleiterbauelement (High performance semiconductor component), opposition proceedings (admissibility of an opposition), Federal Supreme Court, Germany, 30 July 2009, Docket No. Xa. ZB 28/08 If a party files an opposition against a patent based on a prior application which cannot be considered for the assessment of inventive step, the opposition is admissible even if the party […]

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DE – Druckmaschinen-Temperierungssystem III / invalidity

Posted: July 28th, 2009

Druckmaschinen-Temperierungssystem III (Cooling system for printing machines III), invalidity proceedings (value in litigation), Federal Supreme Court, Germany, 28 July 2009, Docket No. X. ZR 153/04 When assessing the value in litigation of invalidity proceedings, the court has to take into consideration the full amount of the damages claimed by the infringement plaintiff in (parallel) infringement […]

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DE – Italian torpedo / infringement

Posted: July 20th, 2009

(No name available), infringement proceedings (Italian torpedo), Court of Appeals Düsseldorf, 20 July 2009, Docket No. 2 W 35/09 No stay of German infringement proceedings in view of an already pending declaratory judgment action in Italy (“Italian Torpedo”): A general request before an Italian Court that a certain European Patent as well as any future […]

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DE – cost reimbursement for translation expenses / infringement

Posted: July 17th, 2009

(No name available), infringement proceedings (cost reimbursement for translation expenses), Court of Appeals Düsseldorf, Germany, 17 July 2009, Docket No. 2 W 29/09 Translation costs for briefs of the party’s own attorney are reimbursable, in particular also, if the translation was prepared by the own attorney and not by an external translation service. In patent […]

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