In Denmark, as in many other European countries, Escitalopram patent cases that have been conducted in recent years.
One of these cases in which an interlocutory injunction was granted by the bailiff’s court at Elsinore and subsequently upheld on appeal, was admitted to the Danish Supreme Court which granted leave of appeal and ended up overturning the interlocutory injunction.
In its ruling, the Supreme Court, inter alia, set a precedent on the application of the Danish equivalent to the provision in TRIPS article 34 which reverses the burden of proof in relation to alleged infringement of process patents concerning new products.
Pursuant to the Danish Administration of Justice Act, an i [...]
Tomorrow is the deadline for persons with the qualifications required for appointment to judicial office in a state which is a contracting party to the Agreement on a Unified Patent Court (“UPC”) to express their interest in becoming a candidate judge on the stillborn UPC. According to paragraph 6 of the “Call for expression of interest of candidate judges of the future UPC”, prospective applicants must fulfil the following requirements:
- They must be nationals of a Contracting Member State,
- They must have a good command of at least one official language of the European Patent Office (DE/EN/FR),
- They must be able to ensure the highest standards of competence and have proven experience [...]
The Board vacated reversed a decision that deletion of drawings amounted to an extension of protection. The opposition Opposition division Division had revoked the patent with the argument that the amendment generally had an impact on the extent of protection conferred by the European patent because the drawings would be used to resolve ambiguities in the claims. The Board reversed because the impugned decision failed to identify any such ambiguity.
A full summary of this case can be found on http://www.kluweriplaw.com/[...]
In a decision handed down on October 23, 2013, the Polish Supreme Court confirmed that the Bolar exemption does not cover activities by third-party manufacturers, i.e. supplying active ingredients for studies and trials to be conducted by third-party generic manufacturers (court docket: IV CSK 92/13). Parallel proceedings in Germany are pending.
We have reported before in this blog on two previous decisions relating to the same litigation complex regarding the infringement of the Astellas’ substance patent for Solifenacin by a Polish manufacturer of active ingredients. The Regional Court Dusseldorf (decision of July 26, 2012, 4a O 282/10) and the Court of Appeal in Gdansk (decision of June [...]
by Stephan von Petersdorff-Campen
Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship pass to the employer by virtue of law as soon as the employer announces his claim to the invention. With its “Initialidee” (Initial idea) judgment of 12.04.2011 (case X ZR 72/10), the BGH (Federal Court of Justice) ruled that the rights in a patent which the employee has already filed in his own name contrary to this statutory transfer of rights are not covered by the statutory transfer of rights. Before that, this had been treated differently by the courts. Until then, all that was needed was a cor [...]
As he recounted in Groucho and me (1959), Groucho Marx once sent a telegram to the Friar’s Club of Beverly Hills with the following text: “Please accept my resignation. I don’t want to belong to any club that will accept people like me as a member.” One may wonder whether he would have had the same reaction if he had been told that he would have to pay a fee for not becoming a member of a club of which he did not wish to be a member in the first place. Probably, he would have thought that a club with such an extravagant idea could not even exist. Yet one does exist (and I swear it is not one of Groucho Marx’s very funny jokes). The club does exist and it is called the “Unified Pate [...]