Jlrich Storzu
Michalski Huettermann & Partner Patent Attorneys, Senior Partner, Patent Attorney, Duesseldorf, Germany

Aloys Huettermann
Michalski Huettermann & Partner Patent Attorneys, Senior Partner, Patent Attorney, Duesseldorf, Germany

Recently, two patent disputes have attracted public interest not only due to the fact that Monsanto, one of the favourite evildoers of the anti-patent movement, was involved, but also because different jurisdictions in Europe, namely the Advocate General of the European Court of Justice (ECJ) and the UK High Court, have appraised the cases differently, although with similar outcome. The following article gives a short overview of the dilemma, and the paradigm shift which could arise should the opinion of the Advocate General prevail.

The Opinion of the Advocate General of the European Court of Justice (ECJ) (Monsanto vs. Cefetra C 428/08)