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Adrian Crespo  (Clifford Chance)
Patent case: Xiaomi, Spain
June 28, 2018

In injunction proceedings decided in just a few hours (likely a record in Spanish patent litigation) in the context of the 2018 Mobile World Congress, Barcelona Commercial Court no. 4 granted a…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
Patent case: Sirona Dental Systems GmbH v. Institut Straumann AG, USA
June 27, 2018

The Patent Trial and Appeal Board correctly determined that claims 1-8 of a patent for a method for drilling holes for dental implants, held by Sirona Dental Systems GmbH, were unpatentable as…

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Kluwer Patent blogger
Tribunal ILO reverses dismissals and downgrading of SUEPO leaders
June 27, 2018

In the last week of his term as president of the European Patent Office and a day before the official opening of the new EPO building in The Netherlands, president Benoit Battistelli lost three high-…

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Gregory Sephton  (Kramer Levin) , Anna Schoenfelder  (Kramer Levin)
Supreme Court to Review “On-Sale Bar” Case
June 26, 2018

As a follow-up to our previous post “The Federal Circuit Has Its Final Say On the “On-Sale” Bar Under the AIA,” the Supreme Court has granted certiorari in the Helsinn v. Teva case, which concerns…

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Boris Malakhov  (Lidings)
Russia: New remedy against an infringing generic drug
June 25, 2018

 In a precedent case before the Russian Intellectual Property Court, the judges pointed out that mere registration of a generic drug long before the patent expiry may constitute a threat of…

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Daniela Ampollini  (Trevisan & Cuonzo)
Are auxiliary requests admitted in Italian patent validity proceedings?
June 22, 2018

After post grant limitations in court were introduced in Italy by the 2010 reform of the IP Code (IPC), there is hardly a patent validity case in which the patent holder does not play the card of…

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Kluwer Patent blogger
The tarnished legacy of an EPO president
June 21, 2018

Three weeks before the end of the presidency of Benoit Battistelli, the European Patent Office published the report ‘Modernising the EPO for excellence and sustainability’, a ‘summary of achievements…

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Thorsten Bausch  (Hoffmann Eitle)
Landgericht München: Patrick Corcoran is Innocent and Acquitted of all Charges
June 20, 2018

Background The story about Patrick Corcoran has been covered several times on this blog, e.g. here, here and here and other blogs, e.g. here and here. There is even a Wikipedia site about it. In a…

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Simon Holzer  (MLL Legal Ltd.)
Validity of Gilead’s Swiss TRUVADA® SPC confirmed but Switzerland will move away from the “infringement test” for future SPCs for combination products
June 20, 2018

The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates (SPCs) for combination products. Until recently, Switzerland stood…

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Miquel Montañá  (Clifford Chance)
Decision finding that "Swiss claims" were affected by Spain's Reservation to the EPC now revoked
June 18, 2018

In July 2017, the Patents Court of Barcelona handed down a decision finding that "Swiss-type" claims were affected by the Reservation made by Spain when it ratified the European Patent Convention ("…

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