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Miquel Montañá (Clifford Chance)
Spain: Supreme Court, First Civil Law Chamber, 531/2014, 15 October 2014
May 12, 2015

On 15 October 2014 the Spanish Supreme Court confirmed its earlier rulings on two issues: after an IP right has been found invalid in first instance but the Court of Appeal overturns this decision…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Sterilcontainer, Court of Appeal of Dusseldorf, I-15 U 19/14, 27 March 2014
May 12, 2015

At a tradeshow in Düsseldorf the Defendant co-organized a so called "Turkish Pavilion" featuring several companies of the Turkish region "Samsun". The Court held that this role of the Defendant was…

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Kluwer Patent Blog
USA: AstraZeneca LP v. Breath Limited, United States Court of Appeals, Federal Circuit, No. 2015-1335, 7 May 2015
May 12, 2015

The federal district court in Camden, New Jersey, did not err in finding U.S. Patent No. 7,524,834 (“the '834 patent”) held by AstraZeneca LP and AstraZeneca AB (“AstraZeneca”) and asserted against…

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Pieter Callens (Eubelius)
What to remember from the dismissal by the CJEU of Spain’s actions against the unitary patent package?
May 07, 2015

Sighs of relief… sighs of disappointment… Depending on your position towards the unitary patent package, one of the aforementioned sighs was heaved on Tuesday, when the CJEU dismissed the annulment…

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Miquel Montañá (Clifford Chance)
A sneak preview of today's CJEU judgments on the Unitary Patent Package
May 05, 2015

As announced by the Kluwer UPC News blogger earlier today, this morning the Court of Justice of the European Union ("CJEU") published its two judgments in cases C-146/13 and C-147/13 where, as…

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Kluwer Patent blogger
Boost for Unitary Patent Package: CJEU dismisses Spanish challenge
May 05, 2015

The European Court of Justice (CJEU) has just rejected Spain’s challenge of the Regulations No 1260/2012 and No 1257/2012. The eagerly awaited decision in the cases C-146/13 and C-147/13,…

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Kluwer Patent blogger
Kevin Mooney: Provisional period of the Unified Patent Court could start in January 2016
May 02, 2015

January 2016: start of the so-called provisional period. October 2016: first cases taken. That may be a realistic timetable for the future Unified Patent Court, according to Kevin Mooney, chairman of…

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Brian Cordery (Bristows)
Pre-action Disclosure: Transparency is a virtue
May 01, 2015

On 28 April 2015, Mr Justice Arnold handed down judgment in relation to an unprecedented application for Pre-Action Disclosure from a patentee. The applicant, The Big Bus Company Limited (“Big Bus”)…

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Miquel Montañá (Clifford Chance)
Spanish amendments to the draft new Patents Act: will Spain have rickshaws instead of cars in the streets?
April 30, 2015

In September of 2013, the Spanish Patents and Trademarks Office ("SPTO") published a draft Patents Act aimed at modernising the old Act 11/1986, of 20 March, on Patents, which is close to celebrating…

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Katie Rooth (Bristows)
UK: Actavis Group PTC EHF v. Pharmacia LLC, High Court of England and Wales, Chancery Division, Patents Court, HP14A01503, 11 July 2014
April 30, 2015

The English High Court (Arnold J.) has granted an application for a stay of the UK High Court proceedings to revoke the UK designation of an EP patent pending the outcome of opposition proceedings at…

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