During first instance proceedings, Swarovski-Optik KG’s European patent, EP1746451, was upheld with limited claims. However, during second instance (appeal) proceedings, the patent was revoked. Swarovski-Optik KG filed a petition for review by the Enlarged Board...
Schlich represented Opponent 1 and is pleased to report as follows. The proceedings focused on the issue of priority right under the Paris Convention, a treaty providing a harmonized system for international patent priority rights. After nearly two days of...
G 1/03 and G 2/10 In G 1/03, it was decided that an amendment to a claim to introduce a disclaimer may not be refused under Art. 123(2) EPC provided that one or more of the following criteria are met: The disclaimer is introduced to restore novelty over prior art...
The Case In 2016, Fresenius requested a declaration of non-infringement in Italy for its pemetrexed diacid product in respect of Lilly’s European patent EP1313508. Lilly’s patent was amended during prosecution to specify in claim 1 that pemetrexed disodium...
Changes introduced as a result of the new European Trade Mark Directive and Regulation in March 2016 came into force on 1 October 2017 and in particular trade marks will no longer have to be graphically represented. Graphic Representation New trade marks must now...
When is a Threat Actionable? In determining whether a threat has been made, the following question should be asked:- Would a reasonable person in the shoes of the recipient understand from the communication that a patent exists and that legal action is intended for an...
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