The Court of Appeal of Liège confirmed the President of the Commercial Court’s finding that the appellant had committed patent infringement, and ordered the reimbursement of costs of the saisie-contrefaçon (seizure of evidence), which were not considered damages but as procedural costs. Click here for the full text of this case. A summary of this case…

In an appeal against a decision by the Opposition Division to maintain the patent in amended form, the Board ordered the representative of the opponent to file an authorization. The representative did not do so in due time, but indicated that the opponent would take no further action. The Board held that the legal fiction…

Hearings in the UK’s highest Court concerning patents are rare. In fact, since the Supreme Court was established in place of the House of Lords in October 2009, there has only been one substantive decision namely the Eli Lilly v Human Genome Sciences case. Last week the Supreme Court heard its second patents case, Schütz…

A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by the legitimate rights holder, when such differences do not involve an inventive step. A summary of this case will be posted…

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…

Regarding the gathering of evidence in French and foreign territories, the Paris Court of Appeal affirmed the appealed decision and acceded to defendant’s reasoning in ruling that (i) the ‘saisie-contrefaçon’ carried out on French territory on the basis of two patents was not deprived of its valid basis by the revocation of one of said…

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…

The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention encompasses no more than (i) the right to file a patent application and (ii) the right to claim the patent, in case a…

The Swiss company Bobst (hereinafter referred to as “Bobst”) is the holder of European patent No. 1 170 228 relating to a “device for controlling the means for feeding sheets in a machine”. After having had a saisie-contrefaçon carried out on 17 December 2007 in Fellmann Cartonnages’ premises in Soultz, in Haut Rhin (French administrative division), Bobst served a summons…

The Federal Court of Justice (FCJ) in Germany has held in its recent “Dentalgerätesatz” decision that claim 1 of EP 892 625 is novel since it claimed a new functional adaptation of otherwise known elements to serve a certain purpose. In doing so, the FCJ reversed the first-instance decision of the Federal Patent Court.