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Kluwer Patent blogger
Procedure leading to UK ratification Unified Patent Court Agreement progressing steadily
December 06, 2017

Despite uncertainty about the UK’s post-Brexit position in the Unitary Patent (UP) system and the German constitutional compliant against the Unified Patent Court Agreement (UPCA), several steps…

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Brian Cordery, Rachel Mumby (Bristows)
Disclosure relating to experiments
December 04, 2017

Whilst many in show business have long lived by the adage “never work with children or animals” for fear of what might ensue, patent litigators in the UK have long been known to take a similar…

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Miquel Montañá (Clifford Chance)
Barcelona Court rejects nullity attack based on "AgrEvo"
November 28, 2017

As readers know well, AgrEvo (T 939/92) is a landmark case in the history of European patent law. In this case, an EPO's Board of Appeal found the patent to meet the "sufficiency" requirement because…

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Kluwer Patent blogger
Christoph Ernst: ‘rigid regime’ cloud over achievements EPO president Battistelli
November 26, 2017

EPO president Benoit Battistelli has strengthened the overall position of the European Patent Organisation, but the social problems cloud these achievements. Christoph Ernst, chairman of the EPO…

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Brian Cordery (Bristows)
Testing, Testing, 1, 2, 3 – Illumina v Premaitha
November 24, 2017

Few would dispute that the Actavis v Eli Lilly decision from the Supreme Court in July 2017 represented - for better or for worse - a major change to the scope of protection of patents in the UK.…

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Kluwer Patent blogger
Industry call on member states to join the Unified Patent Court  
November 23, 2017

Ahead of the meeting of the EU Competitiveness Council, 30 November and 1 December 2017 in Brussels, a group of European companies and associations have sent a letter to EU member states urging them…

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Brian Slater (Kramer Levin Naftalis & Frankel LLP)
The Future of Inter Partes Review In The Balance
November 23, 2017

Three pending cases have the potential to reshape – or even eliminate – inter partes review, a procedure for challenging patent validity introduced by the 2011 America Invents Act (“AIA”).  On…

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Kluwer Patent blogger
Compulsory licencing proposed in the Netherlands to enforce lower prices for medicines
November 20, 2017

When a company is not prepared to charge a socially acceptable price in the Netherlands for a medicine, the government should use other instruments such as compulsory licences, encouraging pharmacy…

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Thorsten Bausch (Hoffmann Eitle), Leona Gross (Hoffmanneitle)
Germany: Fettabsaugvorrichtung (Liposuction Apparatus), Federal Court of Justice of Germany, X ZR 84/14, 20 December 2016
November 18, 2017

The Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Sektionaltor II, Federal Court of Justice of Germany, X ZR 85/14, 16 May 2017
November 17, 2017

This case concerns the relationship between two co-owners of a patent and in particular the issue of whether and under what conditions one co-owner can claim compensation in respect of the use of the…

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