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Brian Craig  (Wolters Kluwer Legal & Regulatory US)
Patent case: Teva Pharmaceuticals USA, Inc. v. Sandoz Inc., USA
October 18, 2018

Concluding that the asserted claims of patents relating to dosing and administration of the drug Copaxone used to treat multiple sclerosis are obvious, the U.S. Court of Appeals the Federal Circuit…

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Nicholas Round  (Bristows)
Court of Appeal gives Ice-World the cold shoulder
October 17, 2018

On 10 October 2018 the Court of Appeal handed down its judgment in the matter of Icescape Limited v Ice-World International BV & Ors*. Three discrete issues were considered by the Court and,…

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Hui Zhang  (Baker & McKenzie) , Richard Li  (Baker & McKenzie FenXun (FTZ)) , Yin Li  (ZY Partners)
China’s Supreme Court Clarified the Doctrine of Prosecution History Estoppel
October 17, 2018

In China, a patent owner’s statements made during prosecution or invalidation may give rise to prosecution history estoppel (or prosecution disclaimer), which precludes the patent owner from…

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Axel T. Esser
Patent case: Filtern digitaler Videobilder, Germany
October 17, 2018

This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem…

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Thorsten Bausch  (Hoffmann Eitle)
Patent case: Feuerfeste Zustellung einer Gießpfanne, Germany
October 16, 2018

The Federal Court of Justice held that the purpose of determining the technical problem (objective) in invalidity proceedings is to locate the starting point of skilled efforts to enrich the state of…

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Miquel Montañá  (Clifford Chance)
Damages may be considered proven when the facts speak for themselves
October 15, 2018

A recurring topic of discussion in patent infringement proceedings in Spain is the degree of evidence required to prove the damage caused by acts of patent infringement. According to a line of case…

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Sara Moran
Patent case: Saab Seaeye Limited v Atlas Elektronik GmbH & anr, United Kingdom
October 15, 2018

In a case concerning two patents in the field of underwater mine clearance, the Court of Appeal upheld the Patents Court's decision that claims 1 and 2 of the 576 Patent were invalid for obviousness…

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Adrian Crespo  (Clifford Chance)
Patent case: Ruling of Barcelona Court of Appeal of 13 April 2018, Spain
October 14, 2018

Over the last few years, highly detailed discussions on patent validity have been a staple of Spanish preliminary injunction proceedings. The influential Barcelona Court of Appeal now clarifies that…

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Linda Panszczyk  (Wolters Kluwer Legal & Regulatory US)
Patent case: C.R. Bard, Inc. v. AngioDynamics, Inc., USA
October 13, 2018

The U.S. Court of Appeals for the Federal Circuit has vacated and remanded a Patent Trial and Appeal Board decision that a reference guide qualified as a printed publication, in a case involving…

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Sara Moran
Patent case: Hospira UK Limited v Cubist Pharmaceuticals LLC, United Kingdom
October 12, 2018

The Court of Appeal dismissed an appeal filed by Cubist against the Patents Court decision that one of its patents relating to antibiotic daptomycin was invalid for obviousness. The Court of Appeal…

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