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Thorsten Bausch  (Hoffmann Eitle)
Collapsible Stroller Collides with Germany's Bifurcation System - System Collapses
November 03, 2015

...well not really, but the German Federal Court of Justice has recently issued a decision (Kreuzgestänge, X ZR 103/13) that may expose Germany's "Bifurcation System" to even more questions and…

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Miquel Montañá  (Clifford Chance)
The protocol on provisional application and customary International Law: a clever way of preventing France from de-railing the train towards the UPC
November 02, 2015

This month of October will fade away, leaving behind it the "Protocol to the Agreement on a Unified Patent Court on Provisional Application", done at Brussels on 1 October 2015, the purpose of which…

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Jan Lindberg  (Attorneys-at-Law TRUST)
Finland: Liability from Unnecessary Interim Measures Re-evaluated (Pfizer v. Ranbaxy)
November 02, 2015

By Jan Lindberg and Kiira Lehtonen About a year ago we had an exceptional case in Finland where Ranbaxy Laboratories Limited, Ranbaxy UK Limited and Ranbaxy Pharma AB (“Ranbaxy”) were awarded…

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Pieter Callens  (Eubelius)
Finalized Rules of Procedure of the UPC: analysis of the last modifications
October 30, 2015

On 19 October 2015 the Preparatory Committee of the UPC has adopted the final 18th draft of the Rules of Procedure (RoP) of the Unified Patent Court. This means that the Committee ends its work…

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Johanna Lilja  (Roschier)
Finland: Actavis v. Novartis (Valsartan), Supreme Court of Finland, S2014/50, 30 June 2015
October 28, 2015

The Finnish Supreme Court held that the reversal of the burden of proof stipulated in Article 34 TRIPs as implemented in the Finnish Patent Act does not per se require a party to disclose its…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Astornet Technologies Inc. v. BAE Systems, Inc, United States Court of Appeals, Federal Circuit, Nos. 2014-1854, 17 September 2015
October 28, 2015

Astornet Technologies—the licensee of a method patent for securing “vehicular gate entries” at airports—could not sue three government contractors that allegedly induced or contributed to the direct…

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Kluwer Patent blogger
Rules of Procedure Unified Patent Court have been published
October 27, 2015

The Rules of Procedure for the future Unified Patent Court have been published. According to the UPC Preparatory Committee ‘this is a major milestone in the progress of the Committees work’. ‘The…

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Courtenay C. Brinckerhoff  (Foley&Lardner LLP)
USPTO Permits Hedge Fund Patent Challenges
October 22, 2015

Since February 2015, hedge fund manager Kyle Bass has filed more than 30 petitions seeking Inter Partes review of U.S. patents covering approved pharmaceutical products. Kyle Bass even formed a…

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Kluwer Patent blogger
‘Spain would have been better off inside the Unitary Patent and the Unified Patent Court’
October 20, 2015

Now that Italy has changed its mind and joined, Spain has become the only EU member state to stay out of the Unitary Patent (UP) system. How good or bad is this for the country and its companies? And…

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Miquel Montañá  (Clifford Chance)
AIPPI approves Resolution on Multinational Inventions in Río
October 16, 2015

One of the challenges raised by today's inventions, which are often the result of research efforts carried out by teams comprised of scientists based in multiple jurisdictions, is how to comply with…

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