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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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Brian Cordery (Bristows)
Unwired Planet v Huawei: Court of Appeal Upholds Birss J’s Judgment
October 24, 2018

by Pat Treacy, Sophie Lawrance, Francion Brooks and Helena Connors Yesterday, the Court of Appeal handed down its highly anticipated appeal judgment in Unwired Planet v Huawei. The unanimous judgment…

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Alexa von Uexküll, Oswin Ridderbusch (Vossius & Partner)
Neurim Reloaded: New CJEU referral to clarify the availability of SPCs for novel therapeutic applications
October 23, 2018

Supplementary protection certificates (SPCs) used to be granted in the European Union only for novel active ingredients, but not for new therapeutic applications of previously authorized active…

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Arnie Clarke (GJE Intellectual Property)
T 0969/14 and late-filed submissions in EPO oppositions
October 22, 2018

T0969/14 is the latest in a long line of decisions which make it clear that the EPO Boards of appeal will not accept late filed requests which could have been filed in first instance proceedings,…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Acylphosphane, Germany
October 19, 2018

The Federal Court of Justice confirmed that the value of the matter in dispute can be amended on appeal, including retroactively for the first instance, if new facts are divulged that command such an…

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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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