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Craig Lumb (Bristows)
Arrow strike out applications: Hit or miss?
June 29, 2018

After a decade-long hiatus, so-called Arrow declarations are now firmly back in fashion after the Court of Appeal’s judgment last year in Fujifilm Kyowa Kirin Biologics Co, Ltd v Abbvie Biotechnology…

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Nadja Muncke (Hoffmann Eitle )
Patent case: Borrelioseassay, Germany
June 29, 2018

The FCJ held that an in vitro assay for testing for a specific immunological binding (namely testing for antibodies against Borrelia burgdorferi) using a polypeptide defined by its amino acid and a…

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Volker Tillmann (Hoffmann Eitle)
Patent case: Bohrhilfe für Zahnimplantat, Germany
June 28, 2018

According to the FCJ, when it comes to the question of whether a particular solution was obvious to the skilled person, it is irrelevant whether a different solution was more obvious. In the present…

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Sara Moran
Patent case: Actavis UK Limited v Eli Lilly, United Kingdom
June 28, 2018

Following its denial of Actavis' claim for declarations of non-infringement in respect of Eli Lilly's European Patent, the Court of Appeal ruled on a number of procedural matters arising from that…

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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, 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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