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Simon Michels (Stellbrink & Partner)
German Federal Patent Court outlines detailed guidelines for royalty rates
January 31, 2019

In a recently published decision, the German Federal Patent Court outlines in detail which aspects they consider relevant to arrive at a royalty rate (ruling by the Federal Patent Court dated…

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Filko Prugo, Matthew Rizzolo, Henry Huang (Ropes & Gray LLP), Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP)
U.S. ITC: A Powerful Forum for Biologics Patent Owners
January 29, 2019

For manufacturers of biologics and biosimilars facing potential patent litigation in the U.S., the Biologics Price Competition and Innovation Act (BPCIA) imposes a complex statutory scheme that…

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Roland Schieren (Hoffmann Eitle)
Patent case: E-Ink, Germany
January 28, 2019

This decision by the FCJ confirms that, when assessing the disclosure of a prior art document, it is not permissible to supplement the disclosure with specialist knowledge of a person skilled in the…

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Kluwer Patent blogger
EPO: consultation on Strategic Plan 2023, social tensions remain
January 27, 2019

The EPO has opened a public consultation to get input for its Strategic Plan 2023, which will outline the vision for the Office. ‘Its implementation will ensure that we continue to provide high-…

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Sara Moran
Patent case: SSH Communications v Sony Mobile Communications & ors, United Kingdom
January 27, 2019

The Court of Appeal upheld the first instance decision that the patent in suit lacked novelty and inventive step over the prior art. The Court confirmed, following Halliburton v Smith, that despite…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Ancientgrain v. Bakels, Netherlands
January 26, 2019

Even though subject to a confidentiality agreement an internal newsletter may be deemed publicly available if the addressees would not consider the newsletter to be covered by the confidentiality…

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Jan Carl Zilles (Hoffmann Eitle )
Patent case: Wasserdichter Lederschuh, Germany
January 25, 2019

The Federal Court of Justice held that if, according to the protected process, a half-finished product is to be processed in a certain way (here: one side of leather to be treated in a certain way),…

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Adrian Crespo (Clifford Chance)
Patent case: Europistas - Ruling dated 8 February 2017, Spain
January 24, 2019

The Supreme Court confirmed that an unregistered patent licensee did have legal standing to file an infringement action in Spain when it filed such action as co-claimant to the patent holder. Case…

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Sara Moran
Patent case: Jushi Group Co., Ltd v OCV Intellectual Capital, LLC, United Kingdom
January 23, 2019

The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Rifaximin α, Germany
January 22, 2019

The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…

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