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Alexandre L. Dias Pereira  (University of Coimbra)
Portugal: AIM generic medicament, Supreme Court of Justice of Portugal, 747/13.1YRLSB.S1, 20 May 2015
February 11, 2016

Obtaining an authorization to introduce generic medicaments into the market before the expiration of a patent as well as transferring the authorization to third parties does not infringe patent…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: TriReme Medical, LLC v. AngioScore, Inc, United States Court of Appeals, Federal Circuit, No. 2015-1504, 5 February 2016
February 11, 2016

Medical device manufacturer TriReme Medical, LLC had standing to pursue a claim to correct the inventorship of three patents owned by competitor AngioScore, Inc., based on an assignment from a…

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Kluwer Patent blogger
Alexander Ramsey: 'It is in member states’ interest to be part of the Unified Patent Court from the start'
February 10, 2016

Alexander Ramsey is the chairman of the Preparatory Committee of the Unified Patent Court (UPC). He has set the ambitious goal to finish his work by June 2016 with a view to the UPC opening early…

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Brian Cordery  (Bristows)
Regeneron Pharmaceuticals Inc v (1) Kymab Ltd (2) Novo Nordisk A/S
February 08, 2016

Case reported and summarized by Gregory Bacon, Bristows LLP Mr Justice Carr is only a few months into his judicial career, but having already provided welcome guidance on the role of plausibility in…

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Anders Valentin  (Bugge Valentin)
A matter of urgency - PI application turned down for lack of urgency
February 08, 2016

In a recent PI case decided by the Danish Maritime & Commercial Court (MCC), the Court ruled on the several aspects pertaining to the presumption of validity of a granted patent together with…

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Kluwer Patent blogger
The Unitary Patent system: 13, 17+ or 25 Member States?
February 05, 2016

The big picture for the Unitary Patent (UP) and the Unified Patent Court (UPC) may be clear for the patent attorneys, lawyers and other experts who will soon have to deal with the new European patent…

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Miquel Montañá  (Clifford Chance)
Patent Judges of Barcelona prepare for the 2016 Mobile World Congress
February 05, 2016

The Mobile World Congress ("MWC") is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their…

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Kluwer Patent blogger
Preparations for the Unified Patent Court concluded by mid-2016. No fee for opting out?
February 04, 2016

We are ready, are you? The ‘last steps’ towards the introduction of the Unitary Patent (UP) system were a recurring theme on the first day of the Unitary Patent Package Conference in Amsterdam. A  …

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Cutsforth, Inc. v. MotivePower, Inc, United States Court of Appeals, Federal Circuit, No. 2015-1316, 22 January 2016
January 28, 2016

In finding that all of the claims of Cutsforth’s U.S. Patent No. 7,990,018 (“the ’018 patent”) were obvious in light of the prior art, the Patent Trial and Appeal Board erred in failing to explain…

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Lars de Haas  (V.O.)
EPO: T 1410/14, Board of Appeal, 14 October 2015
January 28, 2016

An EPO board considered the burden of proof of public prior use when the invention had been publicly visible only for a short period of time. The Board required proof beyond a reasonable doubt that a…

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