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Brian Cordery  (Bristows) , Andrew Bowler  (Bristows)
Report from the Fordham Conference (2)
April 04, 2016

Friday 1st April was the final day of the Fordham conference. This short report summarises one of the more interesting patent-focused sessions which dealt with second medical use issues. Brian…

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Miquel Montañá  (Clifford Chance)
If you want to switch horses in the middle of the race, take them to England…
April 04, 2016

As a foreign spectator of the litigation between Actavis and Eli Lilly (Alimta®) before the English Patents Court (the Hon. Mr. Justice Arnold), this author was fascinated by the ease with which the…

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Brian Cordery  (Bristows)
Report from the Fordham Conference (1)
April 01, 2016

For 2016, the Fordham Conference has returned to its home on the Upper West side of Manhattan. In the meantime, the Institute has been rebuilt and the shabby-chic has been replaced with a state of…

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Kluwer Patent Blog
Publication: Overview of the appeal proceedings according to the EPC, 2nd Edition
March 31, 2016

There was a time where appeal before the EPO could be used to revisit anything that went wrong or was omitted in opposition proceedings. Since 2003, when the Rules of Procedure of the Boards of…

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Krišjānis Bušs  (COBALT)
LATVIA: Major Changes in Industrial Property Regulation
March 31, 2016

For nearly a decade the Latvian regulators have struggled with determining the future perspective for resolving intellectual property related disputes before the Patent Office of the Republic of…

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Miquel Montañá  (Clifford Chance)
Draft implementing regulations of new Spanish Patents Act published: Form obsession!
March 29, 2016

The Spanish Patents and Trademarks Office ("SPTO") has submitted the draft of the Implementing Regulations of the new Spanish Patents Act, which is due to come into force on 1 April 2017, for public…

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Jody Coultas  (CCH)
USA: In re Ray Smith and Amanda Tears Smith, United States Court of Appeals, Federal Circuit, No. 2015-1664, 10 March 2016
March 23, 2016

A patent application was properly denied on the basis that it covered the abstract idea of rules for playing a wagering game and used conventional steps of shuffling and dealing a standard deck of…

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Thomas Hendicott  (Bristows)
UK: Warner-Lambert Co LLC v. Actavis Group PTC, High Court of England and Wales, Chancery Division, Patents Court, HP-2014-000035 HP-2014-000021 HP-2014-001795, 10 September 2015
March 23, 2016

The U.K. Patents Court has held Warner-Lambert's second medical use patent regarding the use of pregabalin for the treatment of pain invalid on the ground of insufficiency. Even if the patent were…

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Thorsten Bausch  (Hoffmann Eitle) , Boris Tchitchanov  (hoffmann Eitle)
Germany: Coenzyme Q10, Federal Court of Justice of Germany, X ZR 31/13, 25 February 2015
March 23, 2016

Although patentability is generally regarded as a question of law per se, the actual technical disclosure of a prior art example was seen as a question of fact and therefore a matter for the first-…

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Pieter Callens  (Eubelius)
Basics of the Unitary Patent system. Part 5: Applicable law at the UPC
March 18, 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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