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Thorsten Bausch (Hoffmann Eitle)
Finally, More Clarity from the Boards of Appeal of the EPO
July 14, 2015

No, not what you might perhaps have hoped for. A lot is currently ongoing at the European Patent Office about the status, the independence, the future location and the (self-)administration of the…

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nlvlag
Kluwer Patent blogger
Implementing the Unitary Patent Package in the Netherlands: 'safety clause' if unitary effect is rejected
July 10, 2015

The Dutch draft legislation to implement the Unitary Patent Package in the Netherlands includes an interesting ‘safety net’ provision. If registration of unitary effect of a European patent is…

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Thorsten Bausch (Hoffmann Eitle)
Germany: Quetiapin, Federal Court of Justice of Germany, X ZR 41/13, 13 January 2015
July 08, 2015

When defining the technical problem underlying an invention, it may not simply be assumed that the person skilled in the art needed to address a particular problem. On the contrary, the technical…

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Thorsten Bausch (Hoffmann Eitle)
Germany: Repaglinide, Federal Court of Justice of Germany, X ZR 128/09, 11 November 2014
July 08, 2015

(a) Advantages of the invention that have only become evident once the invention was made, and at which therefore the skilled person would not have directed his efforts to further develop the state…

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Lars Erik Steinkjer (Wikborg Rein)
Norway: Genentech v. Hospira, Court of Appeal of Borgarting, 24 April 2015
July 08, 2015

In its decision 24 April 2015, the Borgarting Court of Appeal upheld a decision from the Oslo District Court revoking Genentech's Norwegian patent NO 323 557 (the '557-patent) which concerns…

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Lars Erik Steinkjer (Wikborg Rein)
Norway: Idenix v. Gilead, District Court of Olso, 12-155575TVI-OTIR/01 and 13-170456TVI-OTIR/01, 21 March 2014
July 08, 2015

Both parties’ patents in dispute relate to chemical compounds that are appropriate for use in pharmaceutical drugs, in particular for the treatment of flaviviridae infections such as hepatitis C…

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Brian Cordery, Gregory Bacon (Bristows)
Salt limitation leads to sweet and sour Court of Appeal judgment
July 07, 2015

The Actavis v Eli Lilly UK litigation concerning pemetrexed (sold by Eli Lilly under the brand Alimta(®) has already been widely reported in light of Actavis’ innovative application to the English…

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Simon Holzer (MLL Legal Ltd.)
Dr. iur. et lic. rer. pol. Catherine Chammartin new Director General of Swiss Federal Office of Intellectual Property
July 06, 2015

Dr Catherine Chammartin was appointed as new Director General of the Swiss Federal Office of Intellectual Property last week. She will take up her position on 1 November 2015. Dr Catherine Chammartin…

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Brian Cordery (Bristows)
The best things in life are unexpected because there were no expectations (Eli Khamarov)
July 02, 2015

Apart from the enthralling Lyrica saga which began in earnest back in January, and the main trial of which recently began before Arnold J, 2015 has not witnessed many significant pharmaceutical…

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Jan Lindberg (Attorneys-at-Law TRUST)
Finland: Should interim injunction decisions for utility models follow patents? (MAO:434/15, 18 June 2015)?
June 30, 2015

Inspired by several Finnish companies, like many other interest groups, having expressed their concern regarding the level of renewal fees of the Unitary Patent, I thought of writing about a slightly…

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