EPLAW PATENT BLOG

Advertisements

Posted: September 24th, 2009

The EPLAW Patent Blog offers a great platform to reach an international audience interested in patents and intellectual property and therefore is the perfect place for all your patent related advertisements. The advertising fees per banner add are: – One week: EUR 850– Two weeks: EUR 1600– Three weeks: EUR 2250– Four weeks: EUR 2800 – […]

READ MORE

About EPLAW Patent Blog

Posted: September 24th, 2009

The EPLAW Patent Blog aims to be a top-quality, free, independent European blog on patent law, providing speedy access to patent judgments and patent information from various European jurisdictions.    The blog intends to -over time- cover all relevant European national patent case law and news from all European jurisdictions. Also, the blog contains posts […]

READ MORE

DE – MP3 Player Import / infringement

Posted: September 17th, 2009

MP3 Player Import, infringement proceedings (liability of a shipping company), Federal Supreme Court, Germany, 17 September 2009, Docket No. Xa. ZR 2/08 A shipping company shipping patent infringing articles can be held responsible for patent infringement, if it does not clarify with reasonable effort whether the shipped articles are actually infringing or not immediately after […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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.

READ MORE

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 […]

READ MORE

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 […]

READ MORE