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Information cannot constitute a patentable, technical feature – a recent Danish decision on waste paper bags

In a recent decision by the Danish Maritime and Commercial Court, the issue was whether a technical feature may consist in information attached to an object if such information increases the usability of the object.

The case T-66-07, Svenco Papperssäcker AB v. Segezha Packaging A/S, Svenco had filed suit claiming infringement of its Danish patent DK 175 996D1 claiming that Segezha had infringed this patent by marketing wastepaper bags with an inside line marking the maximum content of the wastepaper bag.

Segezha, on the other hand, entered a plea of invalidity of the patent-in-suit.

Against this background, the parties requested that the court-appointed experts of its own – as is usual in D [...]

Danish court revisits EPO assessment (BioPorto v. Phadia – Maritime and Commercial Court case T0009-07))

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case.

The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests and kits (especially for human diseases) and Phadia AB (formerly Pharmacia AB) which conducts business in the field of research, production and marketing of diagnostic test systems and kits in the fields of allergy and sicknesses related to the immune defence system.

Phadia obtained European patent no. 0 756 780 on 22 [...]

Germany’s Federal Court of Justice revokes Leo’s Calcipotriol Monohydrate Patent

This contribution compares various decisions of national European courts on inventive step in the case of a monohydrate of a (known) drug, i.e. calcipotriol.

Denmark: Linco Food Systems v Meyn Food Processing Technology

The Danish Supreme Court dismissed Meyn’s claim against Linco and declared Meyn’s patent invalid.

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