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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Zwangsvollstreckung bei kartellrechtlichem Zwangslizenzeinwand, Higher Regional Court of Karlsruhe, 6 U 162/13, 19 February 2014
March 05, 2015

The CoA Karlsruhe held that the fact that a referral is pending before the CJEU regarding the issues of the criteria for raising the FRAND defense (C-170/13 Huawei) does not justify the suspension of…

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Thomas Musmann (Rospatt Osten Pross)
Doctrine of equivalence: most recent decision
March 02, 2015

The German Bundesgerichtshof has issued a decision (X ZR 41/13) called “Quetiapin” which discusses a fundamental question of the Patent Law, i.e. the definition of the “technical problem” underlying…

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EU parliament
Thorsten Bausch (Hoffmann Eitle)
FCJ: Goods Placed in "Internal" Transit Proceedings Do Not Infringe a Patent Right
February 27, 2015

The Federal Court of Justice decided in the "Electric Kettle" case (25.06.2014, docket X ZR 72/13) that the placing of goods in transit proceedings does not infringe a patent right in Germany as the…

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Kluwer Patent blogger
Decision expected in Italy on participation in Unitary Patent and Unified Patent Court
February 27, 2015

 In a surprise move, the Italian Ministry of Economic Development made a formal call last week on stakeholders to share their view as to what Italy should do with the Unified Patent Court (UPC)…

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Pierre Véron (Véron & Associés)
UPC’s extraterritorial jurisdiction resulting from Regulation (EU) № 542/2014 amending “Brussels I (Recast)” Regulation № 1215/2012
February 26, 2015

 Pierre Véron is attorney-at-law at Véron & Associés, Paris, Honorary President of the European Patent Lawyers Association (EPLAW), Member of the Drafting Committee of the Rules of Procedure…

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pharma
Anders Valentin (Bugge Valentin)
The Danish High Court (Eastern Division) upholds the City Court's decision to deny an interim injunction against sale of generic pharmaceuticals containing drospirenone
February 23, 2015

On February 13, 2015 the Eastern High Court of Denmark issued a decision in an appeal in interlocutory proceedings regarding an application for an interim injunction against the marketing and sale of…

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Jan Lindberg (Attorneys-at-Law TRUST)
It’s Not Always About What You Do But How You Do It
February 23, 2015

By Jan Lindberg and Kiira Lehtonen The recent judgement of the Finnish Market Court (MAO:18/15) given on January 16th provides further guidelines as to what is expect from a method to be patentable…

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Benjamin Bai (King & Wood Mallesons)
To Be or Not To BE SEPs
February 23, 2015

Introduction It used to be an excellent strategy to obtain patents on industry standards. The idea was rather simple: a patent covering an industry standard would mean that such a patent could be…

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Miquel Montañá (Clifford Chance)
Mollusc patent litigation: going back in time
February 20, 2015

For those who thought that patent litigation was only relevant for big pharma or cutting-edge telecom devices, it may be of interest to learn about a relatively recent judgment from the Court of…

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Kristof Roox (Crowell & Moring)
Counterfeit remains seized despite expiration of patent, decides Antwerp Judge
February 19, 2015

By Jan-Diederik Lindemans, Crowell & Moring 7 of the IP Enforcement Directive (measures for preserving evidence) was implemented in Belgium in Article 1369bis/1 et seq. of the Belgian Judicial…

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