The PI judge in the District Court of The Hague held that the processes used to manufacture the generic products in dispute did not fall within the invoked patents’ scope of protection, and particularly that these did not comprise equivalent measures, because the allegedly equivalent substances had significantly different chemical compositions and functionality. Finding the…

The French Supreme Court specified the rules for the application of the doctrine of equivalence in the assessment of infringement of a process patent, holding that a patented process is considered to be infringed under the doctrine of equivalence when both means have the same function in order to obtain the same result as the…

by Miriam Büttner As promised by my colleague, Rüdiger Pansch (please see his post on “Munich Appellate Court on Making vs. Repair” dated 28 October 2011 and the other earlier Blogs cited therein) we are keeping you updated on what is going on at the IBC-front. The German Federal Supreme Court rendered a judgment on…

The Supreme Court revoked claims 1 to 4, and found claim 5 to be novel and inventive but not infringed, because the result of defendant’s machine was not obtained by the claimed means. The court sanctioned the appeal court’s decision that the doctrine of equivalence could not be applied. Click here  for the full text of…

The Dutch Supreme Court held that Art. 69 EPC in conjunction with art. 1 Protocol for the application of Art. 69 EPC provides a guideline for the determination of the scope of protection. Other “viewpoints” are the essence of the invention and the inventive idea behind the wording of the claims as opposed to the…

The Italian case law on infringement by equivalent is rather scant and, until very recently, only one decision had been issued on this matter by the Supreme Court: 13 January 2004, no. 257, Lisec v. Forel, which stated that in order to assess infringement by equivalents it is necessary to consider whether the allegedly infringing…

In its decision “Okklusionsvorrichtung” (Aga v. Occlutech), the Federal Court of Justice (FCJ) denied patent infringement by equivalent means since the contested infringing embodiment was disclosed in the description as an alternative to the claimed one. This decision was followed in the decision “Diglycidverbindung”. In a nutshell, the FCJ, in continuation of its decisions “Schneidmesser…

An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e.  a monoclonal antibody with a neoplastic agent), that combination is the patent’s contribution to the art. An individual component  is not equivalent to the…