As posted here the Swiss Federal Patent Court had to amend its Guidelines on Independence after the Swiss Federal Supreme Court had lifted a decision of the Federal Patent Court concerning the recusal of one of its non-permanent judges on 27 August 2013 in a case concerning the Nespresso coffee capsules.
The revised Guidelines on Independence became effective on 1 January 2015.
The revised Guidelines are not only interesting for the judges and the parties that are involved in proceedings before the Swiss Federal Patent Court but also for those who have to give thought to the implementation of article 7 of the Statute of the Unified Patent Court for the judges pool of the Unified Patent Cour [...]
The Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions.
In 2010 I wrote a post concerning the requirement to name inventors as co-defendants in Italian revocation actions. I reported that the Court of Appeal of Milan had established a principle whereby named inventors had to be called in revocation actions and, if they were not, proceedings could not reach the stage of decision. This was based on the then in place provision of Article 122 (4) of the of Italian IP Code, according to which “Any action aimed at the revocation of an industrial property title shall be brought against all persons listed in the register as r [...]
On August 31, 2014 the Chinese legislature approved a resolution to establish specialized IP courts in Beijing, Shanghai and Guangzhou. By early November, the Beijing IP Court was operational and had begun to take cases, with 28 being filed in the first four working days.
The Guangzhou IP Court is expected to be operational around December 15, 2014 and the Shanghai IP Court in January 2015. Some proclaim this as a giant leap forward in China’s IP protection landscape. Anticipation is building. But will it live up to the expectations? Let’s take a look.
Unbeknownst to some, China has had specialized tribunals to adjudicate IP cases for years. Currently, there are about 560 IP [...]
by Hetti Hilge
In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the enforcement of a parallel infringement finding (including an injunction) and, upon second review, remedied what it considers an unintended oversight by the legislator (“Planwidrige Regelungslücke”) in the specific circumstances of patent litigation and bifurcation. Effectively “overruling” its own previous decision in the very same case (Microsoft vs Motorola), the court now ordered the temporary suspension of the enforcement of an appeal court judgment finding for infringement, against t [...]
The juxtapositon of patent limitations in national nullity proceedings and before national patent offices on the one hand and according to article 105a EPC on the other hand is a hotly debated issue not only in Switzerland.
In a recently published decision of 2 June 2014 (4A_541/2013), the Swiss Federal Supreme Court had to decide – inter alia – whether the limitation of the European Patent 1 508 436 according to article 105a EPC which only took place after the revocation of the Swiss portion of the patent by the Federal Patent Court must still be taken into account.
In brief, claimant requested the nullity of EP 1 508 436 before the Swiss Federal Patent Court.
The patent relates [...]
Almost everyday someone posts something about the Unified Patent Court or a seminar is offered about the “newest” developments. In fact nobody is able to predict whether the system will “work”. It is said that in order “to be successful” the system needs to be efficient, speedy and affordable. It is also said that it will largely depend on the qualification and experience of the future UPC judges whether the UPC will be accepted by its “customers”. While this is certainly true to some extent one should keep in mind that it is up to the lawmaker to provide the rules for the proceedings balancing efficiency with justice and -at least evenly important- to provide sufficient fund [...]