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Kluwer Patent Blog
USA: Airbus S.A.S. v. Firepass Corporation, United States Court of Appeals, Federal Circuit, 2014-1808, 17 July 2015
July 22, 2015

The Patent and Trial Appeal Board erred in dismissing Airbus S.A.S.’s appeal for lack of jurisdiction based on a lack of substantial new question of patentability because the Director had already…

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Jan Lindberg (Attorneys-at-Law TRUST)
Sweden: Post-injunction liability for third party actions clarified
July 21, 2015

By Kristian Fredrikson, Dephi and Jan Lindberg, Trust Ltd. This time I want to introduce a fellow author from Sweden, Kristian Fredrikson, who promised to write about this interesting recent decision…

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Pieter Callens (Eubelius)
(Italian) sun is shining over the unitary patent package
July 17, 2015

  Since the dismissal by the Court of Justice of the European Union of Spain’s actions on 5 May 2015 a number of positive decisions are coming from the unitary patent / UPC scene: 1) By the end…

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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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