Browse Options
Patentability of biotechnology inventions: “O time thou must untangle this, not I. It is too hard a knot for me to untie”

Although Brian Cordery will try to have you believe that the title of this blog is borrowed from William Shakespeare’s Twelfth Night, it may well have been taken from the Report from the Commission to the Council and the European Parliament dated 14 July 2005 on Development and implications of patent law in the field of biotechnology and genetic engineering, where the Commission wrote that:

There is no immediate answer to the question of the patentability of embryonic pluripotent stem cells and indeed at this stage it would appear premature to come to a definitive conclusion. The Commission will continue to monitor developments in this area.”

No additional progress appears to have been made [...]

Punitive damages in Europe? The ECJ will have a word on it!

The newly established 15th Patent Senate of the Appeals Court of Düsseldorf (Presiding Judge Dr. Ulrike Voß) has referred a number of questions concerning the calculation of damages in IP cases to the European Court of Justice. This opens the floor for the ECJ to talk about damages, as far as I know for the first time in IP matters.

In the case which now has been referred to the ECJ plaintiff had already successfully sued defendant for infringement of its plant variety protection right and now tried to collect damages for the past infringement on the basis of a reasonable royalty. In calculating the damages on this basis, plaintiff requested to take into account several factors which he [...]

Proprietor’s Plea of Ply Patent Prevails (or: The Problem with the Problem, Part II)

by Anne Katrin Schön

On 12 June of this year, the German Federal Court of Justice (FCJ) in Karlsruhe concluded nullity appeal proceedings (X ZR 96/11) against the German part of European patent EP 1 071 556 B1 by dismissing the nullity action and upholding the patent as granted. Overruling the first-instance judgment 1 Ni 19/09 of the Federal Patent Court (FPC), with which the patent had been declared null and void in its entirety, the FCJ confirmed principles of established case law both regarding novelty and inventive step. Prior to the German nullity proceedings, the European Patent Office (EPO) had rejected an opposition against the patent. A comparison between the EPO, FPC and FCJ deci [...]

The Preparatory Committee on the opinion on the Spanish challenge of the Unified Patent Court: ‘It couldn’t be much better’

The Preparatory Committee of the Unified Patent Court (UPC) is very satisfied with the opinion of the Advocate General (AG) of the European Court of Justice (CJEU) on the Spanish challenge. As chairman Paul van Beukering commented to Kluwer IP Law, ‘It couldn’t be much  better than this.’

According to Van Beukering, the recent opinion of AG Yves Bot, who on Tuesday 18 November proposed that the CJEU should dismiss Spain’s actions (cases C-146/13 and C-147/13), is in line with the argumentation that had been put forward by Member States of the UPC Agreement. ‘Of course, we will have to wait for the decision of the CJEU itself, but this is a very promising step.’ The court’s dec [...]

Advocate General proposes CJEU to dismiss Spain’s actions against the Unitary Patent Regulations

The first actions of Spain and Italy against the decision of 25 EU member states to use the system of “enhanced cooperation” for the unitary patent package were rejected by the Court of Justice of the European Union (CJEU) on 16 April 2013. One month earlier, Spain had launched on 22 March 2013 two new actions (C-146/13 and C-147/13) against the Unitary Patent Regulation (1257/2012) and the Translation Regulation (1260/2012).

On 18 November 2014, the two Opinions of the Advocate General Yves Bot regarding the actions of Spain were published. In his Opinions the Advocate General proposes the CJEU to dismiss the respective actions against the Unitary Patent Regulations.

In the Opinion re [...]

On the fence of Article 27(k) of the UPC: The software interoperability “limitation”

Software interoperability seems to be at the heart of any discussion to how to protect computer programs lately. Recent cases such as Oracle v. Google before the US Supreme Court, and SAS v. WPLtd before the Court of Justice of the European Union (CJEU) have probably something to do with it. The truth is that software interoperability has always been a matter of concern in the ICT sector. Especially since the international community agreed upon protecting computer programs as literary works – by means of copyright – and accepting both source code and object code as valid forms of expression (Article 10(1) of the TRIPS Agreement). But this is matter for another debate. Interoperability cons [...]

Contributors, Authors, Books, & More...