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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, 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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George Basharis (Wolters Kluwer Legal & Regulatory US)
Patent case: Arista Networks, Inc. v. Cisco Systems, Inc., USA
November 14, 2018

The assignor of a patented network security logging device that "broadcast" network security threats was not estopped from initiating an inter partes review of the patent, the U.S. Court of Appeals…

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Kluwer Patent blogger
EPO president Campinos and law firms start ‘constructive dialogue’ about patent quality
November 13, 2018

The European Patent Office and representatives of 14 German law firms who had expressed concerns about EPO patent quality earlier this year in a letter, have started a “constructive dialogue”. The…

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Roland Schieren (Hoffmann Eitle)
Patent case: Kundendatenbank, Germany
November 13, 2018

This decision by the FCJ confirms that when both parties declare the lawsuit resolved, only the allocation of costs has to be decided upon by the court. This must be done according to the court's…

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Miquel Montañá (Clifford Chance)
Court of Appeal of Barcelona revisits to what extent validity may be analysed in preliminary injunction proceedings
November 12, 2018

Over the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. In…

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Alexa von Uexküll, Oswin Ridderbusch (Vossius & Partner)
Paediatric extensions – Switzerland to follow suit as of January 2019
November 09, 2018

In order to provide adequate incentives for the research and development of high-quality medicinal products adapted for paediatric needs, special rewards, such as a 6-month paediatric extension of…

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Kluwer Patent blogger
EPO guidelines on patentability of artificial intelligence and machine learning
November 08, 2018

For the first time, the European Patent Office has published guidelines on the patentability of artificial intelligence (AI) and machine learning (ML) technologies. The guidelines (G-II 3.3.1) came…

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Ilarion Tomarov (Vasil Kisil & Partners)
Ukraine: interim injunctions in pharma cases
November 08, 2018

The Ukrainian Supreme Court in Merck Sharp & Dohme Corp v Aurobindo Pharma Limited has recently introduce a bold approach to applying interim injunctions in disputes between originators and…

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