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Miquel Montañá  (Clifford Chance)
Where is the EPC provision which would allegedly allow the EPO to "grant" a patent with a different text for Contracting States that entered reservations in accordance with Art. 167(2)(a)?
October 02, 2015

Article 118 of the EPC (entitled "Unity of the European patent application or European patent") states that: "[...] the text of the application or patent shall be uniform for all designated…

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Edward L. Puzzo
USA: R+L Carriers, Inc. v. Qualcomm, Inc, United States Court of Appeals, Federal Circuit, No. 2014-1718, 17 September 2015
September 25, 2015

Since the scope of an amended patent claim was not substantially similar to the scope of the original claim, the patentee was not entitled to infringement damages for the period prior to the…

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Brian Cordery  (Bristows)
UPC Summer Quiz – The Results are in
September 25, 2015

The occasion of the autumn equinox seemed to be as good a time as any to release the results of the Kluwer Patent Blog summer quiz.  Sincere thanks to the 92 people who completed all 20 questions. …

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Benjamin Bai  (King & Wood Mallesons)
Inventor Remuneration: Have A Company Policy
September 24, 2015

By Benjamin Bai and Tyler Xiu The Chinese inventor remuneration laws have been in flux for the last several years. Uncertainties are abundant. The first remuneration case involving a foreign company…

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Kluwer Patent blogger
‘The Unified Patent Court is an opportunity to build excellent quality’
September 23, 2015

‘Europe can become a more attractive forum for patent enforcement than the US’, according to Wouter Pors, partner of Bird & Bird. Kluwer IP Law interviewed him about the new draft proposal for…

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Brian Cordery  (Bristows) , Emma Muncey  (Bristows)
Another win for Virgin
September 22, 2015

With the Judges mostly on summer vacation, August and September have given some time for reflection on several decisions from the Patents Courts in July. One of those decisions was another defeat for…

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Miquel Montañá  (Clifford Chance)
High Court of Justice of Madrid makes a rather harsh interpretation of the scope of "restitutio in integrum"
September 18, 2015

On 3 June 2015, the High Court of Justice ("Tribunal Superior de Justicia") of Madrid handed down a judgment which has alerted everyone of the need to have robust systems in place to make sure that a…

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Isabelle Romet  (Véron & Associés)
Limitation of the claims of the French designation of a European patent: an option even during opposition proceedings?
September 18, 2015

Since 2011, it has been clear in France that the possibility for patent owners to request before the French patent office a limitation of the claims of a granted patent, offered by article L. 613 24…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Honeywell International Inc. v. Nokia Corporation, United States Court of Appeals, Federal Circuit, Nos. 2012-1373, 11 September 2015
September 17, 2015

A district court’s decision denying awards of attorney fees incurred by several mobile device and digital camera makers in successfully defending against patent infringement claims by Honeywell…

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Markus Lenssen  (Rospatt Osten Pross)
“Sleeping” features and patent infringement
September 16, 2015

In its decision Digitalblock (digital block) the Higher Regional Court of Düsseldorf (Oberlandesgericht Düsseldorf) has discussed the question whether “sleeping” features of a device can cause patent…

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