For an invention to be considered obvious it is usually necessary that there are additional incentives that go beyond the identification of the technical problem and lead the person skilled in the art to search the solution for this technical problem on the path of the invention. A full summary of this case has been…

Claim 1 of the patent application contained the feature that ‘the device is adapted to generate L addresses, which are smaller in number than N = Ng × 2m2 virtual addresses for reading data from said interleaver memory in which L data bits are stored’. The Board of Appeal noted that it might be true…

The invention related to text mining using mathematical techniques such that information can be presented in a way that can be more easily understood or evaluated by a user. The Board of Appeal noted that it is a fundamental question whether such an invention is within a field of technology. It can hardly be regarded…

The Federal Court of Justice ruled that the subject matter of a patent does not extend beyond the content of the application as filed when terms are used in the claims that are not literally used in the application text but are summarizing words for longer descriptions in the application as filed. A full summary…

The District Court of The Hague held that all claims of Lundbeck’s escalitopram patent were invalid for lack of inventive step. The District Court nullified the patent and also called the Dutch Supplementary Protection Certificate which was based upon the patent null. The District Court’s decision contains many references to the 4 May 2007 decision…

The District Court of The Hague held that all claims of Lunbeck’s escalitopram patent were invalid for lack of inventive step. The District Court nullified the patent and also called the Dutch Supplementary Protection Certificate which was based upon the patent null. The District Court’s decision contains many references to the 4 May 2007 decision…

The court found that the annexes to the expert’s report, filed in the framework of descriptive seizure proceedings, contained confidential information which was not relevant to assess the alleged infringement. It therefore ordered the expert to remove the annexes from the report and enjoined Novartis from using the information contained therein, subject to a civil…

The Court of Appeal has overturned the High Court’s finding of non-infringement, holding Napp’s divisional patents, relating to controlled release formulations of a painkiller called oxycodone, to be valid and infringed by Ratiopharm’s and Sandoz’s ‘Cimex’ product. The Court of Appeal’s finding of infringement contrasts with decisions in Germany where the German designation of the…

A patent infringement action may not be rejected on the grounds that a feature of the asserted patent claim seems to be unclear in its technical meaning. A lack of clarity may only give reason to limit the feature to the narrowest reasonable meaning. The full summary of this case has been published on Kluwer IP Law.

In this decision the Danish Supreme Court for the first time uses equivalents as a legal base for violation of a patent. Equivalents have long been a part of Danish patent law, but the Supreme Court has been cautious and reserved concerning their use. The respondent in this case had a Danish patent, concerning a…