If the description of a patent allows an indeterminate, unclearly large number of claims from this patent, it can be invalidated. The U. S. Federal Appeals Court ruled whether the term "effective to catalyze" justifies a patent claim.
If technical functionality is the determining factor for product design, can it be protected as a Community design? Today, the ECJ decides on the appearance markers of a product, which is exclusively determined by its technical function.
A two-strip shoe is too similar to a three-striped shoe: Adidas successfully defends its three stripes on shoes before the European Court of Justice. The ECJ considers today in its ruling the existence of a genuine risk of free-riding.
European Patent applications can be submitted from all 38 current EPC member states, however, there is no central contact point for an appeal. Therefore the "Protocol of Recognition" determines responsibilities and primacy.
The spectacular ping-pong procedure and lawsuit for the valuable patent on the treatment of hepatitis C between Gilead and Merck has reached a new peak: a few days ago, a U. S. court declared Idenix / Merck's patent invalid.