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Kluwer Patent blogger
T 1063/18: EPO wants 'solution in the short term' concerning plant patentability
February 23, 2019

The European Patent Office and representatives of the 38 Member States organised a meeting last week of the Committee on Patent Law to discuss next steps following decision T 1063/18 of an EPO Board…

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Kluwer Patent blogger
German complaint against UPCA ratification on 2019 decision list Constitutional Court
February 21, 2019

The Federal Constitutional Court of Germany (BVerfG) intends to decide on the complaint against German ratification of the Unified Patent Court Agreement this year. The case (2 BvR 739/17) is on the…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
Patent case: CenTrak Inc. v Sonitor Technologies Inc., USA
February 21, 2019

A district court erred in granting summary judgment to the defending provider on the grounds that the asserted claims were invalid for lack of written description and were not infringed by the…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
Legislative breakthrough: SPC manufacturing waiver to be introduced for export and stockpiling
February 20, 2019

The introduction of an SPC manufacturing waiver in the European Union is now all but a done deal. Following the European Commission’s initial proposal for a regulation amending Regulation (EC) 469/…

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Thorsten Bausch, Bernd Kröger (Hoffmann Eitle)
Patent case: Entdeckung biologischer Zusammenhänge, Germany
February 20, 2019

If a patent only provides the skilled person with a general scientific explanation as to why the procedure disclosed therein is suitable for the purpose in question and does not disclose a new…

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Hui Zhang (Baker & McKenzie), Yi Wei (Zy Partners), Jiao Yuxin (ZY Partners)
China: Comments on the New Rules on Preliminary Injunction and Representative Precedents
February 19, 2019

The Supreme People’s Court of China recently issued a new judicial interpretation regarding preliminary injunctions (PI) for intellectual property (IP) disputes that took effect on January 1, 2019,…

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Joost Duijm (Hogan Lovells)
NL – Lilly's Pemetrexed patent is valid
February 15, 2019

On 16 January 2019, the District Court of The Hague ruled that the Dutch part of Eli Lilly and Company's patent EP 1 313 508 is valid. The judgment was handed down in an invalidation action brought…

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Kluwer Patent blogger
‘eBay decision has led to much better understanding of how injunctions affect markets’
February 14, 2019

There seems to be a growing consensus that the manner in which conditions for granting patent remedies are defined affects the scope of patent protection. It is also true in case of injunctions. When…

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John Collins, Sumer Dayal (Clayton Utz)
A burden to bear - a brief comparison of Lyrica and the test for sufficiency in Australia and UK
February 13, 2019

Two recent decisions in the UK and Australia in the long-running pregabalin litigations demonstrate the different approaches in these jurisdictions to determine if a patent specification has…

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Kluwer Patent blogger
Teff patents declared invalid, ‘great news’ for Ethiopia
February 12, 2019

A court in the Netherlands has ruled that two Dutch patents for processing teff, a kind of grain which has been used for thousands of years to make injera, the fermented pancake that Ethiopians eat…

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