Rendering of Accounts for Trademark Infringement

A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the running of the bar and all … >> read more

11.02.2019

New, but obvious delivery form

In the prior art a study is known in which the patented active ingredient (fulvestrant) is already being used to treat breast cancer. Although this study only describes subcutaneous injections, it is logical to use this formulation for intramuscular injections as well. In order to achieve a long-term effect with the treatment with fulvestrant, the … >> read more

04.02.2019

EPO Case law: No categorical prohibition of double patenting

Art 125 EPC: It does not seem to be categorically ruled out that there may be a situation in which an applicant has a legitimate interest in the grant of a second patent with the same effective date for the same claimed subject-matter if he already possesses one such granted patent. This would also not … >> read more

28.01.2019

Lack of clarity of an auxiliary request

The general admissibility of auxiliary request in appeal proceedings for the purpose of maintaining a limited form of the patent has already been affirmed by the Vienna Appeal Court in 34 R 16/15w, Bodenbearbeitungsgerät. Objections to clarity are not grounds for opposition, but must be examined in opposition proceedings if changes have occurred, for example … >> read more

21.01.2019

EPO Case law: Late arguments to be admitted

Art 114(2) EPC: Arguments submitted in appeal proceedings are admissible in any event, provided that they are based on facts already in the proceedings, even if they are put forward for the first time at a late stage of the proceedings (contrary to T 1621/09). The BoA has no discretionary power in this regard (EPO … >> read more

14.01.2019
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