The federal district court in Wilmington, Delaware, did not abuse its discretion in finding that Bayer CropScience’s infringement suit against agrochemical rival Dow AgroSciences over soybean gene technology qualified as an “exceptional case” warranting an award of attorney fees under Section 285 of the Patent Act, the U.S. Court of Appeals for the Federal Circuit…

According to sec. 1 para 3 no. 5 Austrian Patent Act, programs for computers are not patentable per se. However a computer program may be patentable if it fulfills the technical character requirement. The Supreme Court confirmed that the technical effect is to be determined from the content of the computer program in the context…

Although there is a well-known crime novel by James M. Cain saying the contrary, the postman does not always ring twice, particularly not in patent nullity proceedings when it comes to the service of the complaint under the Hague Convention. Recently, two patents were declared null and void in Switzerland. In both proceedings the revocation…

The Patent Trial and Appeal Board did not err when it concluded that the claims of a patent relating to the use of descriptive text combined with a rollover viewing area in the user interface of an Internet search engine were unpatentable as obvious in light of prior art, the U.S. Court of Appeals for…

The UK Patents Court upheld the validity of Wyeth’s patent EP(UK) 2,343,308 relating to a combination product comprising a 2086 protein and a PorA protein used in meningitis B vaccines, rejecting GSK’s allegations of lack of entitlement to two of the claimed priority dates, lack of novelty, obviousness (both conventional and so-called “AgrEvo” obviousness), insufficiency…

The High Court has granted the Claimants’ request for declarations of non-infringement (“DNIs”) regarding several national designations of the Defendant’s European Patent for a pemetrexed disodium and vitamin B12 combination in respect of reconstitution of the Claimants’ lyophilised pemetrexed product when reconstituted in dextrose solution. The issues in this case were remitted by the Court…

The Federal Court of Justice held that the defence of the patent in suit on the basis of claims filed only at the appeal stage as an auxiliary request can nevertheless be considered to be expedient if the Patent Court had only informed the Defendant in the oral proceedings that it no longer intended to…

The Patent Trial and Appeal Board did not err in finding that certain claims of Slot Speaker Technologies, Inc.’s sound reproduction system patent were invalid as obvious in light of prior art, according to the U.S. Court of Appeal for the Federal Circuit. However, the Board erred in holding that a third claim was not…

The Court of Appeal dismissed Boehringer Ingelheim’s application for permission to appeal the first instance Patents Court decision that EP (UK) 1,379,220 lacked inventive step.  The Court of Appeal also considered and overturned the existing judicial guidance on granting permission to appeal in patent matters. A full summary of this case has been published on…