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Brian Cordery (Bristows)
Report from Rio (2): Personalised Medicine
October 14, 2015

by Dominic Adair Day 2 of AIPPI’s 2015 Global Congress in Rio brought with it the Pharma Sessions: trade marks, personalised medicine and two sessions with a local flavour – technology transfer under…

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Brian Cordery (Bristows)
Report from Rio: Day 1 - Of Swedish hotels and FRANDangos
October 13, 2015

by Dominic Adair Following an exciting opening ceremony on Sunday evening featuring Brazilian dancers, caipirinha cocktails and black bean soup, the AIPPI’s 2015 World Congress in Rio de Janeiro…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Audiosignalkodierung, Federal Court of Justice of Germany, X ZR 69/13, 3 February 2015
October 13, 2015

The Court held that a certain means does not relate to an essential element of the invention just because it is used for a step in the method preceding the patented steps of the method. Even where…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
USA: Sheridan v. United States, United States Court of Appeals, Federal Circuit, 2015-5073, 8 October 2015
October 13, 2015

An inventor and holder of a patent for a “smokeless pipe” could not pursue a lawsuit against the United States in the Court of Federal Claims based on allegations that various private persons had…

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Kluwer Patent blogger
Judge Sam Granata: Success mediation and arbitration centre of Unified Patent Court will depend largely on performance Court
October 11, 2015

Draft rules for the Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC) will be discussed during the next meeting of the UPC Preparatory Committee on 19 October 2015.…

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Simon Holzer (MLL Legal Ltd.)
Action by stages: Swiss Federal Patent Court streamlines requirements for disclosure of information and financial accounting
October 06, 2015

As in other jurisdictions patentees in Swiss patent disputes often rely on the so called action by stages approach, which allows patentees to demand disclosure of information and financial accounting…

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Kluwer Patent blogger
European (Unitary) Patents and changing borders
October 05, 2015

Secessionist pressure grows in Catalonia, after regional elections on 27 September 2015 (qualified as an informal referendum on independence) were won by supporters of an independent Catalonia. In…

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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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