The Finnish Market Court, as the court of first instance, ruled that the reversed burden of proof which is applied in infringement proceedings involving patents granted for manufacturing processes of novel products is also applicable in preliminary injunction matters. As the parties had submitted completely contrary expert opinions, which could not be assessed within the…

As the European Commission has recently asked organizations to submit comments to the Commission consultation on an effective insolvency framework within the EU (“Consultation”) and the issue is also discussed in the forthcoming AIPPI conference to be held in Milan, I thought that it would be interesting to write a few words on the security…

Finland became the ninth country to ratify the UPC Agreement when President Sauli Niinistö signed the law on its ratification on 8th of January 2016. The Parliament approved the ratification in December 2015, following the Judiciary Committee’s report on the 6th of November 2015 and the Constitutional Committee’s report on the 17th of November 2015,…

By Jan Lindberg and Kiira Lehtonen About a year ago we had an exceptional case in Finland where Ranbaxy Laboratories Limited, Ranbaxy UK Limited and Ranbaxy Pharma AB (“Ranbaxy”) were awarded millions in damages in a case against Warner-Lambert Company LLC and Pfizer Oy (“Pfizer”), given in June last year (Helsinki District Court, case L…

The Finnish Supreme Court held that the reversal of the burden of proof stipulated in Article 34 TRIPs as implemented in the Finnish Patent Act does not per se require a party to disclose its manufacturing process, but only to prove that it used a different process than that specified in the patent. The threshold…

Inspired by several Finnish companies, like many other interest groups, having expressed their concern regarding the level of renewal fees of the Unitary Patent, I thought of writing about a slightly different protection regime that provides not only fast but also low-cost protection for technical inventions, namely, utility models. First I have a question for…

This time we take a look at various decisions that share one thing in common — piercing the corporate veil doctrine. Even if these rulings are not purely patent law cases, they will definitely have influence on forthcoming litigations. First, let us look at the recent Finnish Supreme Court case 2015:17, in which the defendant…

By Jan Lindberg and Kiira Lehtonen The recent judgement of the Finnish Market Court (MAO:18/15) given on January 16th provides further guidelines as to what is expect from a method to be patentable especially in relation to existing techniques, while also serving as a good reminder that arguments non-related to the actual subject-matter do not…

Last week, we reported on the challenging endeavour to set up Patent Translate, the machine translation system which is under joint development by the European Patent Organisation (EPO) and Google and which is a crucial element of the Unitary Patent (UP) package. Intellectual Property Office (IPO) officials from Hungary, Finland and the Czech Republic told…