by Dominic Adair Post-grant opposition of patents is clearly a dangerous business. On opening the final panel session in the programme for AIPPI’s 2015 World Congress in Rio – titled “post-grant oppositions: a game changer?” – moderator Márcio Merckl from Abreu, Merkl e Advogados Associados in Brazil provided the dramatic news that not one but…

In IPCom GmbH & Co KG v HTC Europe Co Limited and others [2013] EWCA Civ 1496, the English Court of Appeal has very recently given guidance concerning the circumstances in which it is appropriate for an English court considering combined patent infringement and revocation proceedings to stay those proceedings pending the outcome of co-pending…

According to a recent decision of the Administrative Council, from November 2014 it will be possible, by paying appropriate further search fees, to obtain searches of any claimed invention when entering the EPO Regional phase with a PCT application, regardless of which Searching Authority handled the application in the International phase. It will thus be…

by Miriam Büttner On 21 January 2013 we already reported on the decision of the German Federal Supreme Court (BGH) regarding the validity of German patent no. 197 56 864, the so-called “Brüstle-patent”, which concerns the protection of neural precursor cells, a pro-cedure to cultivate these cells and the usage of these cells in therapies…

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case. The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests…

The Supreme Court of the United States issued an opinion on appeal (as Bilski v. Kappos) that affirmed the judgment of the CAFC of affirming the rejection of the patent, but revised many aspects of the CAFC’s decision. In their decision, handed down on June 28, 2010, the Supreme Court rejected the machine-or-transformation test as…