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Brussels Court of Appeal refuses to recuse a judge deciding on the merits, who had previously decided on a PI request

The Brussels Court of Appeal has clarified in a recent decision that a judge, who has previously ruled on a preliminary injunction in a patent case, may be part of the court deciding on the merits relating to the same patent. The Court of Appeal held that there is no reason to assume that this judge would not be able to rule on the merits in an objective, impartial and independent manner.

This decision is part of the rivastigmine litigation in Belgium relating to Novartis’ patent EP 2 292 219 (EP ‘219). Novartis initiated PI proceedings against several generic companies that wanted to commercialize a generic version of the Exelon® patch. In this context, Novartis initiated PI proceeding [...]

U.S. Appeals Court Strikes Blow To Diagnostic Method Patents

The Federal Circuit has issued its long-awaited decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., but the decision is not good news for those seeking to obtain or enforce U.S. patents on diagnostic methods. The appeals court affirmed the district court’s finding that Sequenom’s claims are invalid under 35 USC § 101, applying the analytical framework set forth in the U.S. Supreme Court’s Mayo decision in a way that could have a ripple effect across the diagnostic and personalized medicine industry.

The Claims At Issue 

The Sequenom patent at issue was U.S. Patent 6,258,540. The claimed technology relates to diagnostic methods for determining certain fetal characteristics such as [...]

Despite the defeat at the CJEU, Spain will not join the Unitary Patent system

banderaSpain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out in the EU Regulations 1257/2012 and 1260/2012 and the UPC Agreement. This is the expectation of the Confederation of Employers and Industries of Spain (CEOE). Spanish industry is much better off outside the system, according to the CEOE, which answered questions by Kluwer IP Law. ‘All Spanish companies will be able to use the system without suffering from the disadvantages.’

Over the last years, the Spanish government has always opposed the new Unified Patent Court and Unitary Patent system. Would [...]

USA: Microsoft Corporation v. Proxyconn, Inc, United States Court of Appeals, Federal Circuit, Nos. 2014-1542, 16 June 2015

Proxyconn, Inc. was able to show that the Patent Trial and Appeal Board erred in construing certain claims of a patent challenged by Microsoft Corporation in inter partes review petitions, according to the U.S. Court of Appeals for the Federal Circuit (Microsoft Corporation v. Proxyconn, Inc., June 16, 2015, Prost, S.).

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

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Spanish Courts move one step further towards the path of specialisation

In a world of increasing legal complexity, it is a common ground – except in Luxembourg – that the lack of specialisation results in the administration of injustice rather than in the administration of justice. The President of Section 15 of the Barcelona Court of Appeal appeared to have this logic in mind when, in 1993, he had the vision to persuade his fellow Judges to assign the different Sections of that Court to various specialised areas. For example, it was decided that Section 15 would be the only competent Section to resolve appeals in patent cases. At that time this was an absolute revolution, as the old structures and inertia of the Spanish judicial system was such that this gr [...]

Another milking robot decision…DeLaval not liable for infringement of milking robot patent

On 28 May 2015 the Eastern High Court of Denmark rendered judgment in a case between the two largest manufacturers of automatic milking systems, in which Lely had claimed damages from DeLaval International AB (Sweden) and its Danish subsidiary, DeLaval A/S for infringement in Denmark of the Danish part of a European patent.

DeLaval, on the other hand, had submitted a claim for revocation of the patent-in-suit, which concerned the incorporation of an after-treating device (for spraying a cow’s teats) into a milking robot arm, which also carried out other functions in the milking process.

The case before the High Court had been pending since 2002, which was the reason why it fell under the jur [...]

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