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law
Kluwer Patent blogger
"Not all Unified Patent Courts will prosper"
March 09, 2015

Once the Unified Patent Court has started functioning, local divisions may have to consolidate into regional divisions or shut down altogether, because it turns out they have too few cases to prosper…

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Miquel Montañá (Clifford Chance)
SPC cases are back and there are more to come: will the CJEU definitively heal the Medeva wounds on 12 march, or will it rub salt into them?
March 06, 2015

The Supplementary Protection Certificate ("SPC") seas have been relatively calm after the turmoil caused by "Super Thursday" (i.e. 12 December 2013), when shortly before packing for Christmas the…

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Kluwer Patent blogger
EPO: T0025/13, European Patent Office (EPO), Board of Appeal, T0025/13, 20 November 2014
March 06, 2015

The Board emphasized that there was a relation between who was to be considered to be the skilled person for judging inventive step on one hand and the choice of the closest prior art on the other…

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Kluwer Patent blogger
EPO: T 1729/06, Enhanced pollenizer and method for increasing seedless watermelon yield, European Patent Office (EPO), Board of Appeal, EP1487256, 17 September 2014
March 06, 2015

Inventions regarding a method of improving the yield of triploid seedless watermelons by pollination with a specific type of diploid water melon are not to be regarded as an essentially biological…

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Gerben Hartman (Brinkhof)
The Netherlands: Econvert v. Voith - Acces to seized Evidence, Court of Appeal of Arnhem-Leeuwarden, 200.157.56001, 16 December 2014
March 05, 2015

Direct access to seized documents, selected from a larger pool of previously seized evidence, is denied on the basis of Dutch procedural provisions relating to Directive 2004/48/EC, because the…

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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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