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Litigation
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Litigation – Case 1
Zacco Legal advised a client regarding the possibilities of terminating a license based on a license to use an invention protected in Sweden by a European patent. This resulted in a cancellation act where Zacco’s client claimed that the Swedish part of the European patent should be declared invalid due to lack of novelty and lack of inventive step. The argument for lack of novelty was that the invention had been used before the European patent was filed. The main argument for lack of inventive step was that the invention was obvious to a skilled person when combining two relevant documents within the captioned technical field. The defendant claimed that it could not be proved that the invention had been used publicly or that it was obvious to a skilled person. The district court ruled that it could not be proved that the invention had been used publicly but that it could be proved that when combining the two relevant documents the invention was obvious to a skilled person. Consequently, the Swedish part of the European Patent was declared invalid. |
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