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Kluwer Patent blogger
Even in case of a Brexit, UK may join Unitary Patent system
June 20, 2016

A Brexit would be harmful for Europe and a Unitary Patent system without the UK would be less appealing for Europeans as well as Americans and Asians. Most industries cannot afford that their…

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Thorsten Bausch (Hoffmann Eitle)
Scary Figures Call for Action by the EPO
June 19, 2016

No, this is not another blog about the Brexit, even though the current figures of the EU referendum polls in the UK make this author wonder how it comes that cooperation and European harmonization is…

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Brian Cordery (Bristows)
Brexit - A Personal View from a UK Patent Litigator
June 17, 2016

This author began his career in patent litigation in 1996. In those days, a solicitor’s role was confined largely to the preparation of trials in the English Patents Court. Huge amounts of time were…

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Anders Valentin (Bugge Valentin)
Must a PI be upheld after first instance invalidation…?
June 16, 2016

In a recent decision rendered by the Danish Maritime & Commercial Court (the "MCC"), Novartis successfully defended its position that even if the patent-in-suit had been invalidated by the EPO…

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Lars de Haas (V.O.)
EPO: T 1727/12, European Patent Office, Board of Appeal, Publication Number: 1767375, 1 February 2016
June 15, 2016

The Board of Appeal held that “Biogen insufficiency”, the situation in which the full extent of the monopoly claimed exceeds the technical contribution to the art, is not a distinct ground for…

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Mark Engstrom (Wolters Kluwer Legal & Regulatory US)
USA: Superior Industries, Inc. v. Masaba, Inc, United States Court of Appeals, Federal Circuit, No. 2015-1594, 2 June 2016
June 15, 2016

Masaba Inc. did not infringe five Superior Industries patents that disclosed a conveyor system for drive-over truck dumps and a braced, telescoping support strut, the U.S. Court of Appeals for the…

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Kluwer Patent blogger
Germany starts ratification procedure Unified Patent Court Agreement
June 14, 2016

The German ratification proceedings concerning the Agreement on a Unified Patent Court (UPCA) have been formally started. According to German Rechtsanwalt Dr. Ingve Stjerna, the first hearing on the…

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Kluwer Patent blogger
Review your licensing agreements for the Unitary Patent system
June 13, 2016

If a European Patent has been licensed to licensees in different European countries, opting out of the Unified Patent Court might be preferable to keep these licenses separated as far as possible,…

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Miquel Montañá (Clifford Chance)
Danger in the delay and the Mobile World Congress
June 12, 2016

The main requirements for applying for a preliminary injunction in Spain are "fumus boni iuris" (i.e., indicia of likelihood of success) and "periculum in mora" (i.e. danger in the delay). A recent…

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Jan Pot (Brinkhof)
Bayer / Sandoz: a step forward for Dutch patent law
June 10, 2016

Claim construction and scope of protection are perhaps the most hotly contested topics in Dutch patent law. Over the last ten years, we have had no less than six Supreme Court decisions dealing with…

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