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Benjamin Bai  (King & Wood Mallesons)
SEP-based Injunctions: Down But Not Out
April 26, 2016

By Jill (Yijun) Ge and Benjamin Bai We discussed when an IP owner might become an IP abuser previously (http://kluwerpatentblog.com/2016/03/08/crossing-the-rubicon-when-does-ip-owner-become-ip-abuser…

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Kluwer Patent blogger
‘Statistical data important for EPO opposition procedures and litigation at the Unified Patent Court’
April 25, 2016

European patent attorneys should make a joint effort and gather data to assess the impact of procedural  issues on opposition procedures at the European Patent Office and, in the future, on …

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Pieter Callens  (Eubelius)
Basics of the Unitary Patent system. Part 8: saisie and provisional measures
April 25, 2016

Europe is preparing for the launch of the new Unitary Patent and the Unified Patent Court (UPC). A provisional phase for the UPC is expected to start later this year, with a view to a full start of…

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Devika Agarwal , Radhika Agarwal  (Indian Institute of Technology, Madras)
THE DISMAL HISTORY OF COMPULSORY LICENCES IN INDIA
April 21, 2016

On 1st April 2016 the National Human Right Commission (NHRC) called on the Indian government to submit reports on the allegations that the Indian government had given private assurances to the US…

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Brian Cordery  (Bristows)
Scan here for comments on experts
April 21, 2016

by Rachel Mumby It would be an unusual case in which the parties did not criticise each other’s experts in one way or another, and indeed patent litigators in England and Wales have become no…

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Jody Coultas  (CCH)
USA, Trade secrets: Steiner v. Lewmar, Inc, United States Court of Appeals, Seventh Circuit, Nos. 143817cv(L), 7 March 2016
April 20, 2016

A district court properly denied a plaintiff attorney fees after it had accepted an offer of judgment to settle claims for damages and equitable relief, the U.S. Court of Appeals in New York City has…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: In re Hubbell Inc., United States Court of Appeals, Federal Circuit, No. 2015-1222, 7 April 2016
April 20, 2016

The Patent Trial and Appeal Board did not err in affirming a patent examiner’s obviousness rejection of 23 claims of a Hubbell patent titled “Convertible electrical device cover and method for…

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Alexandre L. Dias Pereira  (University of Coimbra)
Portugal: Power of arbitration courts to order compulsory fines, Court of Appeal of Lisbon, 1546/15.1YRLSB-1, 21 May 2015
April 20, 2016

Arbitration courts (which have mandatory jurisdiction over certain patent disputes regarding generic drugs) have the authority to issue a compulsory fine for not complying with a court order,…

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Alexandre L. Dias Pereira  (University of Coimbra)
Portugal: Arbitration court can decide patent validity, Court of Appeal of Lisbon, 1356/13.OYRLSB.L1-7, 13 January 2015
April 20, 2016

Arbitration courts have competence to declare the invalidity of an allegedly infringed patent where the question is raised as an incidental defence. The decision only has inter partes effects. A full…

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Kluwer Patent blogger
Unified Patent Court: planning for a completely new business
April 19, 2016

If reaction from business to the Unified Patent Court is good, it will definitely be a challenge for the new management of the Court. Eileen Tottle, Head of the Secretariat of the UPC Preparatory…

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