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Kluwer Patent blogger
‘Swift procedure Unified Patent Court may put a lot of pressure on defendants’
November 27, 2015

Prompted by the upcoming Unitary Patent (UP) and Unified Patent Court (UPC), a group of European patent attorneys decided in 2013 to create the European Patent Litigators Association (EPLIT), ‘…

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Thomas Musmann (Rospatt Osten Pross)
Exclusive Licensees, watch out!
November 25, 2015

by Miriam Büttner In a recent decision the Higher Regional Court of Düsseldorf (OLG Düsseldorf) had to deal with the right to sue of exclusive licensees (judgment of 24 September 2015, docket no. I-2…

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Lars de Haas (V.O.)
EPO: T1548/11, European Patent Office (EPO), Board of Appeal, 22 September 2015
November 25, 2015

A board of appeal of the European Patent Office held that a conditional request for oral proceedings filed with a notice of opposition remains effective after appeal and remittal to the opposition…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
USA: AdjustaCam, LLC v. Newegg, Inc, United States Court of Appeals, Federal Circuit, 2013-1665, 19 November 2015
November 25, 2015

For bringing a “frivolous” appeal of a district court’s claim construction order in a patent dispute over a portable camera convertible support device, AdjustaCam, LLC, has been ordered by the U.S.…

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Kluwer Patent blogger
‘US applicants will overwhelmingly opt for Unitary Patent protection’
November 23, 2015

The countdown to the new Unitary Patent system has begun. The Unified Patent Court is expected to open its doors at the start of 2017, preceded by a provisional phase in 2016 for the practical set up…

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Kluwer Patent blogger
Initiatives to include SPCs in the Unitary Patent system
November 21, 2015

The lack of provisions on Supplementary Protection Certificates (SPCs) is seen as a major flaw in the new Unitary Patent (UP) system. Initiatives have been taken to address this issue and recently…

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Brian Cordery (Bristows)
Clarity on Plausibility
November 17, 2015

Mr Justice Carr has only been sitting as a full time judge for just over a month and yet in his decision of 16 November 2015, he has already produced what this author considers to be a sensible, but…

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Miquel Montañá (Clifford Chance)
ENTREPRENEURS: BEWARE OF EMPLOYEE COMPENSATION RIGHTS ON NON-PATENTABLE TECHNICAL CONTRIBUTIONS
November 13, 2015

Readers will not be surprised on reading that the new Spanish Patent Act, which is due to come into force on 1 April 2017, establishes a remuneration right in favour of employees who have made an…

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Thomas Musmann (Rospatt Osten Pross)
The missing basic patent: Specific Mechanism expands scope of protection during the lifetime of an SPC
November 11, 2015

by Dr. André Sabellek In a recent judgment the Higher Regional Court of Düsseldorf (OLG Düsseldorf) had to deal with the application of the “Specific Mechanism” for parallel imports of…

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Jody Coultas (CCH)
USA: In re Taylor, United States Court of Appeals, Federal Circuit, 2015-1582, 6 November 2015
November 11, 2015

A patent holder’s application to reissue his patent with altered, broader claims was properly rejected by a patent examiner and the U.S. Patent and Trademark Office Patent Trial and Appeal Board…

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