EPLAW PATENT BLOG

CH – New Swiss Federal Patent Court expected to start operations in 2011

Posted: February 3rd, 2010

The new Swiss Federal Patent Court is expected to start operations in 2011 and has interesting transitory provisions, with thanks to Michael Kikinis, KIKINIS Law Firm Recently, the Federal Council of Switzerland (the Swiss government) decided to enact the provisions regarding the institution and organization of the new Swiss Federal Patent Court as of 01 […]

READ MORE

UK – Virgin Atlantic v. Premium Aircraft

Posted: February 1st, 2010

Virgin Atlantic v. Premium Aircraft, Court of Appeal (Civil Division), London, UK, 21 December 2009, Case No. [2009] EWCA Civ 1513
In previous proceedings, Contour, the defendant, had been found to have infringed Virgin Atlantic’s patent for a specific design of aircraft seats which could be used as beds for long haul flights. In this reported decision, questions relating to, inter alia, a stay of the inquiry as to damages and the terms of the final injunction were before the Court of Appeal.
The Court of Appeal refused Contour’s request

READ MORE

UK – Medeva BV v. The Comptroller General of Patents / SPC

Posted: January 27th, 2010

Medeva BV v. The Comptroller General of Patents, High Court of Justice, Chancery Division, Patents Court, London, UK, 27 January 2010, Case No. [2010] EWHC 68 (Pat)
The High Court has dismissed an appeal against the UK IPO’s decision to refuse five applications for supplementary patent certificates (“SPCs”) relating to a patent claiming a method of making vaccines against whooping cough using just two active ingredients. Four of the applications were dismissed because

READ MORE

Dr. J. Alingh Prins Fund

Posted: January 27th, 2010

The EPLAW Patent Blog is grateful for the donation made by the Dr. J. Alingh Prins Fund. This fund was founded in 1953 with the goal: “To promote and disseminate knowledge and science concerning industrial property, and to stimulate the development of the law relating to industrial property in The Netherlands.”
The fund was named after

READ MORE

Dr. J. Alingh Prins Fund

Posted: January 27th, 2010

The EPLAW Patent Blog is grateful for the donation made by the Dr. J. Alingh Prins Fund. This fund was founded in 1953 with the goal: “To promote and disseminate knowledge and science concerning industrial property, and to stimulate the development of the law relating to industrial property in The Netherlands.” The fund was named […]

READ MORE

NL – Dutch Court stays proceedings in transit cases until the Court of Justice decides on manufacturing fiction

Posted: January 26th, 2010

Cybergun S.A. v. Koninklijke Luchtvaart Maatschappij N.V. and Wargaim LLC, manufacturing fiction, The Hague District Court, The Netherlands, 20 January 2010, Docket No. 330510 / HA ZA 09-528
If – in cases where transshipped goods are blocked by customs – the legitimacy of the application of the manufacturing fiction is contested, the The Hague District Court will

READ MORE

UK – Nokia v. HMRC / Manufacturing Fiction – Question referred

Posted: January 25th, 2010

Nokia Corporation v. Her Majesty’s Commissioners of Revenue & Customs and the International Trade Mark Association (as proposed intervener), Manufacturing Fiction / Referral to the Court of Justice, Court of Appeal England and Wales, London, UK, 9 November 2009, with thanks to Frank Eijsvogels, Howrey
The court of Appeal asks the following question:

READ MORE

ES – Delay on the effectiveness of European Patents until actual publication of the translation by the SPTO

Posted: January 25th, 2010

Comment on Envac Centralsug AB v. Ros Roca, S.A., Court of Appeal (15th Section), Barcelona, Spain, 23 October 2008, with thanks to Álvaro Velázquez and Luis Fernández-Novoa Howrey Martinez Lage
“Recent decisions of the Commercial Courts of Barcelona specialized in Patent cases, like that of Court No. 3 of 30 March 2009, are relying on the findings of a late 2008 decision of the Court of Appeals of Barcelona to delay the effectiveness of granted European Patents (EP), even dismissing actions brought for infringements taking place before the publication of the Spanish translation by the SPTO.
“This case comment analyzes the different key aspects which the cited Decision of the Court of Appeals of Barcelona, which is one of the best IP Courts in Spain, overlooked in interpreting the exact date triggering the effectiveness of European Patents in Spain, applying a limiting interpretation of the EPC. Unless they are finally reversed by the Supreme Court, the findings of this decision shall undoubtedly affect future patent enforcement in Spain.”

READ MORE

UNION’s Spring 2010 Round Table – ‘How to cope with patent scope’

Posted: January 22nd, 2010

Union’s Spring 2010 Round Table will deal with the topic: “How to cope with patent scope – Literal interpretation of claims throughout Europe”. The round table will be held at the German Patent Office on 26 February 2010.
“The subject specifically aims at the literal interpretation of claims, because

READ MORE

NL – Street Surfing v. X (ex parte)

Posted: January 21st, 2010

Street Surfing LLC v. X, The Hague District Court, The Netherlands, ex parte injunction, 8 January 2010, Docket No. KG RK 10-02
The court grants an ex parte injunction (wave boards EP 1 511 541). The order is not declared enforceable on

READ MORE