Menu
Browse Options
Leo Roars Again

The end of July always brings a flurry of decisions from English Patents Courts at all levels as the Judges, understandably, seek to clear their desks before the summer vacation. This year was no exception with at least half a dozen judgments concerning patents being handed down in the space of two weeks. Among them was a gem from the Court of Appeal in the Teva v Leo [2015] EWCA 779 case in which the substantive judgment was given by Sir Robin Jacob with whom Kitchin and King LJJ agreed.

One of the most pleasing aspects of the decision is its length – a mere 9 pages including the cover page. It is also easy to read with Sir Robin, in customary style, deploying short sentences, colourf [...]

Germany – late filing of new prior art can be too late

The Oberlandesgericht Düsseldorf (Higher Regional Court, appeal instance) just issued a court order on the admissibility of new prior art that the defendant discovered only in the second instance infringement proceedings. The defendant and appellant in the proceedings had requested a stay of the infringement appeal based on this new and relevant prior art until a decision in the parallel invalidity action will be rendered. Irrespective of the admissibility of the new citation in the parallel invalidity action, the infringement appeal court requested the defendant to provide sufficiently justified reasons for the late filing in order to admit the new citation.

Pursuant to the formal rules o [...]

The decision „Schleifprodukt“ of the German Federal Court of Justice – a step towards harmonisation with the EPO practice?

The judgement “Schleifprodukt” rendered by the German Federal Court of Justice on 25 November 2014 could be seen as a step towards harmonisation with the EPO because the court carried out the test for the admissibility of claim amendments by assessing whether the feature combination of the amended claim in its entirety represents a technical teaching which is identifiable from the original application as being suitable for achieving the effects of the invention.

Norway: Teva Norway AS v. Astrazeneca Ab, District Court of Olso, 13-189803TVI-OTIR/04, 27 June 2014

The Oslo District Court held that the expired Norwegian patent 306452 (“452 Patent”) was invalid due to lack of inventive step, which implied that its supplementary protection certificate SPC014 was invalid as well. The court also found the 176 Patent invalid.

A full summary of this case has been published on Kluwer IP Law.

[...]
US: Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015

Please click here to find US patent cases from the the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case.

Recently added from our US IP Law Daily service:

Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015

Collateral estoppel invalidated a jury’s finding that Victoria’s Secret Direct Brand Management and Avon Products infringed five claims of two “sales system” patents owned by Soverain Software, the U.S. Court of Appeals for the Federal Circuit has ruled (Soverain Software LLC v. V [...]

Federal Court of Justice: Claims Normally Cover at Least one Embodiment

by Niels Hölder and Thomas Koch

In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none of the embodiments described in the specification.

To simplify the facts, the claim in question specified two process steps. The Federal Patent Court had interpreted the claim so as to require that the steps are performed in the specific order mentioned in the claim, thereby rendering the subject matter novel over the prior art where this specific order had not been disclosed (docket 5 Ni 67/09). However, in all of the embodiments described in the specification, those steps were applied in a [...]

Contributors, Authors, Books, & More...