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Paul Reiter, Manuel Wegrostek (Gassauer-Fleissner Rechtsanwälte GmbH)
Patent case: Use of dexmedetomidine for sedation in intensive care units, Austria
April 08, 2019

The Higher Regional Court of Vienna confirmed that the "second medical use" of an already known substance, as required for patent protection, can be that the substance is used for a specific group of…

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Kluwer Patent blogger
EPO staff survey: concerns about quality, low confidence in management, lack of respect
April 07, 2019

Only two thirds of EPO staff are proud to work at the European Patent Office. Four in ten say they face substantial obstacles to doing their job well. They have a very negative view of management…

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Kluwer Patent blogger
Patentability of plants: EPO referral of decision T1063/18 criticized
April 05, 2019

The decision of the Administrative Council of the EPO to refer to the Enlarged Board of Appeal (EBA) decision T 1063/18 on the patentability of plants obtained by essentially biological processes has…

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Brian Cordery (Bristows)
TQ Delta Injunction
April 05, 2019

by Elizabeth McAuliffe At a Form of Order hearing on 18 March 2019, Henry Carr J gave a high level ex tempore decision in TQ Delta LLC v ZyXEL Communications Limited et al to grant an injunction,…

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Kluwer Patent blogger
Patentability of plants: EPO refers decision T1063/18 to Enlarged Board of Appeal
March 29, 2019

The high-profile issue whether plants obtained by essentially biological processes can be patented will be referred to the Enlarged Board of Appeal (EBA) of the EPO. This has been decided during the…

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Kluwer Patent blogger
Record number of international patent applications via WIPO in 2018
March 27, 2019

Asia-based innovators filed more than half of all international patent applications via WIPO for the first time in 2018. There was a significant growth from China, India and the Republic of Korea.…

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Brian Cordery, Claire Phipps-Jones (Bristows)
The Supreme Court decision in Actavis v ICOS
March 27, 2019

The UK Supreme Court today handed down its decision in Actavis v ICOS. The decision was unanimous, with Lord Hodge giving the only judgment. The case concerns two principal questions. First, how…

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Alexandre L. Dias Pereira (University of Coimbra)
Patent case: No inter partes patent invalidity in arbitration, Portugal
March 23, 2019

The Supreme Court held that the mandatory arbitration court provided for litigation between patent holders and applicants for generic medicines does not have jurisdiction to decide, inter partes and…

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Brian Cordery, Laura Reynolds (Bristows)
CJEU takes a restrictive approach to the grant of SPCs for new formulations of old active ingredients but uncertainty remains
March 22, 2019

In a post yesterday our colleagues at Vossius commented on the CJEU’s decision, which had just been handed down in Abraxis*. As Vossius have explained, although the decision appears to give clarity…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Heizkessel, Germany
March 22, 2019

A nullity action is still admissible after expiration of the patent if it provides the nullity plaintiff, who had been unsuccessful as defendant in infringement proceedings, the possibility of…

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