Swiss procedural law foresees the possibility to file a protective letter if someone believes it will be confronted with a request for ex-parte interim measures without being heard. The corresponding provision of the Swiss Civil Procedure Code (CPC) reads as follows: 1 Any person who has reason to believe that an ex-parte interim measure […]…

In a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as “product-by-process” claims. One of the issues discussed by the parties was whether the scope of protection of claim 1 of patent EP 731.646 B1, which claims…

Let’s begin with the German statute and compare it with the EPC. Section 34 of the German Patent Act (GPA) stipulates the following: (3) An application shall contain: 1. the name of the applicant; 2. a request for the grant of a patent, in which the invention shall be clearly and concisely designated; 3. one…

by André Sabellek In a recent judgment the Higher Regional Court of Karlsruhe (OLG Karlsruhe) had to decide on the extent of the liability of a foreign supplier for a patent infringement in Germany (judgment of October 7, 2015, court docket: 6 U 7/14 – Abdichtsystem [sealing system]). In the present case, the defendant, an…

by Steven Willis Judgments from the Courts of England and Wales concerned with the construction of patents will invariably cite the classic formulation of Lord Diplock from Catnic Components v Hill & Smith Ltd [1982] R.P.C. when addressing the identity of the person skilled in the art: “…a patent specification is a unilateral statement by…

In its decision of 28 January 2016, the Danish Maritime and Commercial Court rendered judgement in a matter between Minkpapir A/S and Jasopels A/S. The main question was whether the conditions for granting an interim injunction pursuant to chapter 40 of the Danish Administration of Justice Act were met and in this regard whether Jasopels’…

According to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. In addition, according to article 68 “the holder of a patent may also claim for indemnification for damage resulting from the…

By Jill (Yijun) Ge and Benjamin Bai We discussed when an IP owner might become an IP abuser previously (http://kluwerpatentblog.com/2016/03/08/crossing-the-rubicon-when-does-ip-owner-become-ip-abuser/). For standard essential patent (“SEP”) holders, one lingering question is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP…