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Kluwer Patent blogger
Brexit hearing: plea to open up Unitary Patent project for non EU member states
November 07, 2018

If a Brexit agreement is reached with the European Union, the UK can stay in the Unitary Patent system during the transitional period and likely be part of the system once this comes into effect.…

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Alexa von Uexküll, Oswin Ridderbusch (Vossius & Partner)
Swiss Patent Office clarifies applicability of new Medeva approach to the examination of SPCs
November 07, 2018

The Swiss Patent Office issued a brief notice regarding a change of practice in the granting of supplementary protection certificates (SPCs) as well as corresponding detailed information on 22…

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Anders Valentin (Bugge Valentin)
Danish Maritime and Commercial Court revisits Gilead's SPC for tenoforvir disoproxil
November 06, 2018

As previously reported, in 2017 the Danish Maritime and Commercial Court declined to grant an application filed by Gilead to grant an injunction against Accord offering the pharmaceutical a…

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Alexa von Uexküll, Oswin Ridderbusch (Vossius & Partner)
German Federal Patent Court in Truvada (4 Ni 12/17) expounds on the requirements for SPCs based on patents claiming functionally defined active ingredients
November 05, 2018

Practitioners dealing with supplementary protection certificates (SPCs) have been holding their breath at the unfolding of the “Truvada saga” around Gilead’s SPCs for the HIV medicament Truvada,…

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Harold S. Berman
Patent case: Brand Services, LLC v. Irex Corp., USA
November 02, 2018

A company that claimed a competitor misappropriated its trade secrets involving invoicing and job productivity software could proceed on its Louisiana Uniform Trade Secrets Act (LUTSA) and some of…

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Joseph Arshawsky
Patent case: LiquidPower Specialty Products Inc. v. Baker Hughes Inc., USA
November 01, 2018

Substantial evidence did not support the Patent Trial and Appeal Board’s finding that patentee LiquidPower Specialty Products Inc. ("LSPI") failed to establish nexus, and thus the PTAB erred in not…

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Kluwer Patent blogger
Stjerna: Constitutional complaint against Unified Patent Court Agreement will be admitted
October 31, 2018

The fact that the German Federal Constitutional Court (BVerfG) requested the Bundespräsident not to proceed with ratification of the Unified Patent Court Agreement indicates that the complaint…

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Simon Holzer (MLL Legal Ltd.)
Exhaustive list of SPC nullity grounds according to Swiss Federal Patent Court
October 30, 2018

In a decision issued this summer, the Swiss Federal Patent Court had the opportunity to comment on the catalogue of grounds for invalidity which can be brought against a Swiss SPC. The Federal Patent…

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Miquel Montañá (Clifford Chance)
New Patent Courts throughout Spain
October 29, 2018

Back in 1993, the President of Section 15 of the Barcelona Court of Appeal, Justice José Ramón Ferrándiz (now retired from the Supreme Court), fostered the specialisation of the different Sections of…

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Alexa von Uexküll, Oswin Ridderbusch (Vossius & Partner)
CJEU shows red card to SPCs for medical devices in Boston Scientific (C-527/17)
October 25, 2018

The SPC system was introduced in the European Union in 1992 to compensate for the heavy penalties imposed on pharmaceutical research due to the curtailment in effective patent term resulting from…

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