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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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Thorsten Bausch (Hoffmann Eitle)
Breaking News: Board of Appeal finds that Acetic Acid is no Inorganic Acid.
April 18, 2016

Okay, this result, which was recently reached by TBA 3.3.04 in decision T 394/11 (in German language), may perhaps not come as a big surprise to you, since we all learnt in school that acetic acid is…

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Kluwer Patent blogger
Recruitment of Unified Patent Court judges to begin next month
April 15, 2016

The UPC Preparatory Committee has announced the selection of judges will start soon. During its 15th meeting, on 14 April 2016 in Luxembourg, agreement was reached on the recruitment package. In its…

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Pieter Callens (Eubelius)
Basics of the Unitary Patent system. Part 7: Forum shopping and bifurcation fear
April 12, 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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Kluwer Patent blogger
‘Unified Patent Court will create a new category of European litigation experts’
April 12, 2016

In ten to fifteen years, the current differences between European patent attorneys (EPAs), lawyers and patent litigators will have diminished and a there will be a new category of professionals, who…

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Kluwer Patent blogger
'It is a missed chance that Unified Patent Court judges cannot act as mediators'
April 09, 2016

If conflicts arise under the Unitary Patent system, parties have the option to go to the Unified Patent Court (UPC), or they can agree to go the court’s Patent and Mediation Centre (PMAC). In their…

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