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Anders Valentin  (Bugge Valentin)
Coloplast A/S' claimed co-inventor ship to invention contained in patent application filed by Hollister Inc. was not proved
November 29, 2018

On November 5th 2018 the Eastern High Court of Denmark ruled in favor of Hollister Inc. in a case regarding an invention described in a patent claim filed by Hollister Inc. Coloplast A/S claimed they…

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Oswin Ridderbusch  (Vossius & Partner) , Alexa von Uexküll  (Vossius & Partner)
Changes to draft EU legislation introducing an export manufacturing waiver to SPCs
November 28, 2018

A consolidation and modernization of Europe’s intellectual property framework, featuring a “recalibration” of patent and SPC protection and possibly the creation of a unitary SPC title – those were…

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Thorsten Bausch  (Hoffmann Eitle)
UPC - November Rumors
November 27, 2018

Looking back at this blog in 2018 from a bird's eye perspective, I cannot resist the feeling that one of the most popular topics has been musing about the UPC's future and speculating about the…

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Miquel Montañá  (Clifford Chance)
The CJEU in Teva-Gilead: a word of warning for UPC seafarers?
November 26, 2018

In its judgment of 25 July 2018 (Case C-121/17 Teva v. Gilead), the CJEU had its latest say on the interpretation of article 3 (a) of Regulation (EC) 469/2009 concerning the Supplemental Protection…

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Thorsten Bausch  (Hoffmann Eitle)
How to Defend Unsearched Dependent Claims in Prosecution
November 24, 2018

Setting the record straight concerning the right to dependent claims under the EPC by Thomas Wyder and Stephan Steinmüller (Hoffmann Eitle) EPO Examiners sometimes urge Applicants to delete dependent…

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Kluwer Patent blogger
Adminstrative Council urged to help end 'persistent atmosphere of intimidation' at the EPO
November 23, 2018

The Administrative Council of the European Patent Office must act and support president António Campinos in initiatives to end ‘the persistent atmosphere of intimidation’ at the EPO. That is the…

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Alexa von Uexküll  (Vossius & Partner) , Oswin Ridderbusch  (Vossius & Partner)
No more pemetrexed?
November 21, 2018

Over the past few years the pan-European and parallel national patent litigation based on Eli Lilly’s pemetrexed patent has attracted considerable attention, as it has resulted in a number of diverse…

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Alan Johnson  (Bristows)
IP and the draft Brexit Agreement: no surprises (except maybe in Northern Ireland?)
November 16, 2018

 Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain…

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Kluwer Patent blogger
EPO revokes Bayer broccoli patent
November 16, 2018

For the first time, the European Patent Office has revoked a patent as a consequence of amended regulations which exclude plants and animals obtained by an essentially biological breeding process for…

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Brian Cordery , Claire Phipps-Jones , Adrian Chew  (Bristows) , Emma Muncey  (Bristows)
Pregabalin – The Ruling of the UK Supreme Court
November 14, 2018

Today, after nine months of waiting, the decision of the UK Supreme Court in the pregabalin litigation was handed down. Like Brexit and the nation, it is clear that the Supreme Court Judges were…

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