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Francois Pochart (August Debouzy)
France: Upset in practice of the seizure: withdrawal of the seizure order due to lack of impartiality of the patent attorneys
August 15, 2018

On March 27th, 2018, the Court of Appeal of Paris issued a decision on withdrawal of the seizure order on the grounds that the principle of impartiality had been violated since the patent attorneys…

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Hui Zhang (Baker & McKenzie), Yi Wei (Zy Partners), Jiao Yuxin (ZY Partners)
China: Supreme People’s Court Provides Guidance on Amendment and Inventiveness Evaluation for Markush Claims
August 15, 2018

A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd…

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Joseph Arshawsky
Patent case: BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., USA
August 14, 2018

The U.S. Court of Appeals for the Federal Circuit has granted BioDelivery Sciences International, Inc.’s motion to remand to the Patent Trial and Appeal Board a consolidated appeal of the Board’s…

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Sara Moran
Patent case: Glaxo Group Limited & others v Vectura Limited, United Kingdom
August 13, 2018

The Court of Appeal overturned the Patents Court decision to strike out Glaxo Group’s (GSK’s) claim for an Arrow declaration in proceedings concerning a number of patents relating to dry powder…

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Axel T. Esser
Patent case: Ultrasonic Transducer, Germany
August 12, 2018

The FCJ confirmed that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognisability of the technical problem to seek the…

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Sara Moran
Patent case: Edwards Lifesciences LLC v Boston Scientific Scimed Inc, United Kingdom
August 11, 2018

The Court ordered a twelve month stay of the injunction granted when it found one of Boston’s patents concerning a transcatheter heart valve (THV) valid and infringed by Edwards’ medical device, in…

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Volker Tillmann (Hoffmann Eitle)
Patent case: Kinderbett, Germany
August 10, 2018

The FCJ held that the general suitability of a technical means of the common general knowledge to solve a technical problem can only suffice as a motivation for the skilled person to make use of this…

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Brian Slater (Kramer Levin Naftalis & Frankel LLP)
USA: Inter Partes Review Is Here to Stay in Modified Form
August 09, 2018

In a previous post here, we described constitutional and procedural challenges to inter partes review (“IPR”) in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.  We also…

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Anders Valentin (Bugge Valentin)
Denmark - No infringement held in case between former business partners after inspection of the products at-issue by both the court-appointed experts and the court
August 07, 2018

In a recent judgement rendered by the Danish Maritime and Commercial Court (SH2018.T-3-16 - Hexa-Cover A/S et al v. Kirk Plast A/S et al), the court heard an infringement case based on the alleged…

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Miquel Montañá (Clifford Chance)
Beware of "added matter" in Spain
August 06, 2018

On 13 April 2018, the Barcelona Court of Appeal (Section 15) wrote a decision highly illustrative of the challenges that an "added matter" objection may raise in Spain, particularly in the context of…

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