The Court of Appeal of Barcelona lifted a preliminary injunction on the grounds that ‘omnibus’ claims (merely a reference to the description or drawings without specifically stating any technical features) included in patents granted under the old Patent Act 1929 are not enforceable. According to the Court, the omnibus claim in dispute is not an…

Rambus and Micron have been involved in complex patent litigation in Italy since 2000. Things started when, in 2000, Rambus enforced the Italian designation of its patent EP 0525068 on SDRAM memories against Micron before the Court of Monza, obtained an ex parte seizure order and executed the same at the important manufacturing plant that…

In its decision of 20 October 2010 (Docket No. 21 O 7563/10), Regional.Court.Munich.20.10.2010 the Regional Court Munich had to decide on whether “urgency” is required for measures for securing evidence and, whether the request for measures for securing evidence must be rejected if the opponent is obliged to preserve the relevant documents, for instance pursuant to pharmaceutical or tax laws. The Court denied both questions and has therefore issued a decision which allows right-holders to effectively secure evidence.

The question in dispute was whether ratiopharm’s escitalopram was produced using Lundbeck’s patented process The Court considered that a reversal of the burden of proof in favour of the patentee might, in appropriate cases, be applied for process patents. However, in this case it was not disputed that the process developed and patented by ratiopharm’s…

In summary proceedings filed by Novartis, the Brussels Court of Appeal issued a preliminary injunction, enjoining Mylan from infringing Novartis’ patent for ‘pharmaceutical compositions for sustained release of Fluvastatine’, until a decision is rendered in the proceedings on the merits. The Court further held that the injunction will be lifted, if the European Patent Office’s…

Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff’s department of the city courts (being the first instance courts) with an automatic right of appeal to the High Court. In…