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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court calls for fine pencil when examining novelty
October 03, 2017

A judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. The decision stemmed from a judgment of 12…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: In re Smith International, Inc, United States Court of Appeals, Federal Circuit, No. 2016-2303, 26 September 2017
October 02, 2017

The Patent Trial and Appeal Board’s construction of the term "body" disclosed in multiple claims of a downhole drilling tool patent has been reversed by the U.S. Court of Appeals for the Federal…

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Thorsten Bausch  (Hoffmann Eitle)
Germany: Rezeptortyrosinkinase II, Federal Court of Justice of Germany, X ZR 124/15, 27 September 2016
September 27, 2017

A data sequence can only be regarded as a product directly obtained by a patent-protected process if it has tangible technical properties that are directly imparted on it by this method, and if the…

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James Yang  (Zy Partners) , Yin Li  (ZY Partners) , Hui Zhang  (Baker & McKenzie)
Expert Auxiliary System in China
September 26, 2017

In China, judges handling patent litigations often experience difficulties in claim construction and infringement determination due to the lack of technical backgrounds. Although forensic appraisals…

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Miquel Montañá  (Clifford Chance)
Spain: Accord and Sandoz vs Astrazeneca, Supreme Court of Spain, First Civil Law Chamber, 334/2016, 20 May 2016
September 26, 2017

For the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the "objective technical…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Cablz, Inc. v. Chums, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1823, 12 September 2017
September 26, 2017

Substantial evidence supported a Patent Trial and Appeal Board decision finding a patent for an eyewear retention device unpatentable as obvious, the U.S. Court of Appeals for the Federal Circuit has…

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Kluwer Patent blogger
'Good progress' and 'delay' for the Unified Patent Court
September 21, 2017

The Preparatory Committee of the Unified Patent Court has been making 'good progress' regarding the ratification of the UPCA.  In an update posted on its website today, the Preparatory Committee…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court confirms that "ex post facto" mosaics will not do the trick
September 18, 2017

When analysing inventive activity, one risk that appears to be here to stay is that of hindsight. As Richard Ebbink very aptly put it in a workshop held at the INGRES Institute in Zurich on 8 and 9…

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Kluwer Patent blogger
‘Future judges of the Unified Patent Court will be very motivated to make the court work’
September 14, 2017

In the first period of functioning of the Unified Patent Court, the judge-rapporteur – who has important powers in the new system – should as much as possible revert issues to the panel of judges as…

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Kluwer Patent blogger
German complaint against Unified Patent Court Agreement: deadline for submitting views is end of October
September 12, 2017

In its research concerning the complaint that was filed against ratification of the Unified Patent Court Agreement, the German Federal Constitutional Court (FCC) gave a series of mainly German…

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