Valsartan SPC – German PI proceedings *

Germany - May 3 2011
In Germany, Novartis obtained an ex parte preliminary injunction from the Regional Court Düsseldorf against a generic company on the basis of SPC DE 196 75 036.

---

Broccoli and tomato breeding methods deprived of patent protection - decision of EPO Enlarged Board of Appeal of 9 December 2010, Referrals G 2/07 and G 1/08 *

European Union - January 31 2011
On 9 December 2010 the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) gave judgment on the patentability of certain plant breeding methods.

---

Denial of absolute product protection for DNA-patents (CJ decision in Monsanto v Cefetra, C- 428/08) – a German perspective *

European Union, Germany - July 27 2010
The Court of Justice of the European Communities just recently denied absolute product protection of patent claims directed to DNA sequences in the case Monsanto v Cefetra and others, C- 428/08.

---

Patent infringing offer without delivery capacity and literal patent infringement – Higher Regional Court of Düsseldorf decision in “Occlusion Means” *

Germany - May 13 2009
The Higher Regional Court of Düsseldorf recently confirmed German case law according to which an offer of a patent-infringing product constitutes patent infringement, regardless of the infringer’s intention or capacity to actually deliver the product.

---

End of German Olanzapine battle: Federal Supreme Court upholds patent *

Germany - March 11 2009
On December 16, 2008 the Federal Supreme Court gave its judgment determining the validity of the Olanzapine patent, this was further to its revocation by the Federal Patent Court at first instance.

---