Although the title of this blog will sound trite to many friends accustomed to arguing patent cases before the European Patent Office, it does not sound so trite when read against the background of Spanish case law.  For years it was relatively rare for the Spanish Supreme Court to accept appeals in patent matters, which…

ECC’s patent strategy not Swiss courts’ cup of tea Ethical Coffee Company (ECC) and different entities of the Nestlé group of companies have been involved in many legal disputes in various jurisdictions. The parties’ positions are normally as follows: ECC seeks access to the Nespresso coffee capsule machines for its biodegradable coffee capsules and Nestlé…

On March 22, 2017, the Beijing IP Court (the “trial court”) issued a decision on a high-profile case Iwncomm v. Sony concerning infringement of a standard essential patent (SEP). This case has drawn extensive attention in China’s IP community because it is the first SEP-based injunction granted by a Chinese court, and it involves quite…

Germany has unfortunately no Fordham conference where an impressive number of eminent IP scholars, judges and practitioners, including even representatives of the EPO, get together once every year to discuss the state of the patent universe and future developments. However, Germany does luckily at least have its Max Planck Institute for Innovation and Competition in…

On May 9, 2017, the Dutch-speaking Brussels court of commerce handed down its decision on the merits in the context of an infringement action initiated by Orion and its exclusive licensee Novartis against Belgian generic company Eurogenerics. The proceedings relate to Orion’s European patent EP 1 189 608, concerning an oral three-in-one solid composition of…

In Germany, the winning party is able to recover a significant amount of its costs from the losing party. This cost reimbursement, which is based on a statutory fee schedule, depends on the value of the case. The amount of recoverable fees can be quite significant; the maximum in infringement proceedings would be around slightly…

The Fordham IP Conference in New York is celebrating its 25th anniversary this year. As the conference heads into its second quarter-century, the programme and faculty are as impressive as ever. It remains a magnet for key opinion leaders from all areas of intellectual property. Whilst the rain poured down across Manhattan, the conference began…

On 17 June 2016 the Maritime and Commercial court declared AstraZeneca’s patent DK/EP 0 907 364 invalid, rendering the preliminary injunctions granted against Teva and a number of other competitors void as a result. The issue of damages was set a side for separate adjudication and the Maritime and Commercial court delivered its judgement on…

by Steven Willis Given the furore surrounding Birss J’s decision on the non-technical issues in Unwired Planet v Huawei earlier this month, which included the first determination of FRAND terms by an English Court (reported on by my colleague Rachael here), it would have been easy to miss the first appellate Court judgment on the…