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Miquel Montañá  (Clifford Chance)
If you ever decide to get into the pearl thong business, make sure that your pearl thongs are as good as the patented ones…
April 29, 2016

According to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. In…

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Brian Cordery  (Bristows)
A little knowledge can be a useful thing
April 27, 2016

by Nicholas Round On 19 April 2016 Birss J handed down a short but notable judgment in the matter of EMGS v PGS. Following a three-week trial in March 2016 the parties had decided to settle the…

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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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