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Rebecca Kahn
Patent case: Barkan Wireless Access Technologies L.P. v. Cellco Partnership Inc., USA
September 06, 2018

The U.S. Court of Appeals for the Federal Circuit affirmed a Texas district court’s ruling that Verizon Wireless did not infringe on Barkan Wireless’ patent despite disagreeing with the lower court’s…

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H. Jeremias V. Wollschlaeger (Hoffmann Eitle)
Patent case: Bremsbelag (Brake lining), Germany
September 05, 2018

The Federal Court of Justice held that: The sequence of steps in a method claim is normally determined by the claim’s wording. A completely new attack based on a document only filed upon appeal is…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Vorverzahnte Werkstücke (Pre-machined toothed workpieces), Germany
September 04, 2018

The choice of the starting point for evaluation of inventive step requires a justification which is not in itself provided by the fact that a certain citation proves ex post to be the "closest state…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
Patent case: Yellowfin Yachts, Inc. v. Barker Boatworks, LLC, USA
August 24, 2018

The federal district court in Tampa did not err in deciding on summary judgment that fishing boat manufacturer Yellowfin Yachts failed to establish that a former executive and his company were liable…

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Peter Reap (Wolters Kluwer Legal & Regulatory US)
Patent case: In re Facebook, Inc., USA
August 23, 2018

In a challenge to Facebook’s patent application for a method for arranging images contiguously in an array, a prior art reference—a patent application filed by Perrodin that related to placing images…

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Adrian Crespo (Clifford Chance)
Patent case: MARKT SP '94 S.L. v. LOGO PAINT A/S, Spain
August 22, 2018

Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant's DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file…

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Miquel Montañá (Clifford Chance)
Barcelona Court of Appeal considers that the "ex re ipsa" doctrine applies to patent matters
August 21, 2018

Upon reading the title of this blog entry, readers may be wondering what the "ex re ipsa" doctrine involves. It therefore may be worth clarifying that it is a legal doctrine applied, for example, to…

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Dominik Scheible (Hoffmann Eitle )
Patent case: Telekommunikationsnetzwerkdienste, Germany
August 17, 2018

Nullity Plaintiff still has a need for legal relief even after expiry of the patent as long as Patentee has not given up claims against customers of Plaintiff. A conventional personal computer with…

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Sara Moran
Patent case: Regeneron Pharmaceuticals v Kymab, United Kingdom
August 16, 2018

Following the Court of Appeal's decision that two of Regeneron's patents were valid and infringed, it refused to grant Kymab permission to appeal to the Supreme Court, but held that the injunction…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Feldmausbekämpfung, Germany
August 15, 2018

The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law…

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