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Kluwer Patent blogger
EPO Board of Appeal decides plants can be patentable after all
December 05, 2018

Plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability. The EPO…

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Kluwer Patent blogger
US Food Drug Administration will follow EMA and relocate in Amsterdam
December 04, 2018

(Corrected) The American Food Drug Administration (FDA) will follow the European Medicines Agency from London to Amsterdam because of the Brexit.  That is clear from a report on the website of…

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Bart van Wezenbeek (Hoffmann Eitle)
Netherlands: G.D. SEARLE LLC. v. SANDOZ B.V., Provisions Judge of the District Court of The Hague
December 03, 2018

The District Court of the Hague granted a provisional injunction against Sandoz' generic darunavir product. As it was already offered in the G-standard, price erosion was an imminent danger for which…

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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, 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, 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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