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Thomas Musmann (Rospatt Osten Pross)
Offer for development no obvious pre-use
June 24, 2015

by Miriam Büttner In a recent decision the German Bundesgerichtshof (Federal Court of Justice, FCJ) dealt with the requirements of an obvious pre-use (judgment of 9 December 2014, docket no. X ZR 6/…

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Daniela Ampollini (Trevisan & Cuonzo)
SPC revoked, PI lifted, but no damages awarded
June 18, 2015

In the Sanofi v. Teva ruling of 10 July 2014, the Court of Milan clarified the test for abuse of process, and denied an award of damages allegedly caused by the issue of a preliminary injunction…

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Kristof Roox (Crowell & Moring)
Brussels Court of Appeal refuses to recuse a judge deciding on the merits, who had previously decided on a PI request
June 18, 2015

By Christian Dekoninck, Crowell & Moring The Brussels Court of Appeal has clarified in a recent decision that a judge, who has previously ruled on a preliminary injunction in a patent case, may…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Appeals Court Strikes Blow To Diagnostic Method Patents
June 18, 2015

The Federal Circuit has issued its long-awaited decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., but the decision is not good news for those seeking to obtain or enforce U.S. patents on…

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Kluwer Patent blogger
Despite the defeat at the CJEU, Spain will not join the Unitary Patent system
June 17, 2015

 Spain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out…

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Kluwer Patent Blog
USA: Microsoft Corporation v. Proxyconn, Inc, United States Court of Appeals, Federal Circuit, Nos. 2014-1542, 16 June 2015
June 17, 2015

Proxyconn, Inc. was able to show that the Patent Trial and Appeal Board erred in construing certain claims of a patent challenged by Microsoft Corporation in inter partes review petitions, according…

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Miquel Montañá (Clifford Chance)
Spanish Courts move one step further towards the path of specialisation
June 12, 2015

In a world of increasing legal complexity, it is a common ground – except in Luxembourg – that the lack of specialisation results in the administration of injustice rather than in the administration…

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Anders Valentin (Bugge Valentin)
Another milking robot decision…DeLaval not liable for infringement of milking robot patent
June 12, 2015

On 28 May 2015 the Eastern High Court of Denmark rendered judgment in a case between the two largest manufacturers of automatic milking systems, in which Lely had claimed damages from DeLaval…

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Thomas Musmann (Rospatt Osten Pross)
Germany: The provision of information as a technical teaching? (Federal Court of Justice, “Bildstrom”)
June 10, 2015

The German Bundesgerichtshof (Federal Court of Justice, FCJ) has issued the decision “Bildstrom” (judgment of 26 February 2015, docket no. X ZR 37/13) dealing with the patentability of a system and a…

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Lars de Haas (V.O.)
EPO: T 1756/11, European Patent Office (EPO), Board of Appeal, T 1756/11, 14 January 2015
June 09, 2015

An EPO board held that observations filed by third parties during inter parte appeal must be disregarded by the board, unless they concern amendments during opposition or appeal, in which case the…

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