The Court of Appeal held that Roche c.s. infringed the patent. Test results regarding the allegedly infringing product were admitted as evidence because Roche’s arguments were held insufficient to render these tests unreliable. Furthermore, the court ruled that it has jurisdiction to decide on the infringement in Germany based on Art. 24 EC 44/2001, because the amended German part of the patent was held valid by final judgment between the same parties in Germany.
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Nuno Pires de CarvalhoThe author presents 80 cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States – which has developed an enormously wide wealth of jurisprudence in this area – the work includes cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.