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Thomas Musmann (Rospatt Osten Pross)
15 years are enough! ECJ decided on the maximum period of exclusivity of a patent and SPC
December 05, 2014

by Miriam Büttner In a recent decision the European Court of Justice (ECJ) ruled on the maximum period of exclusivity of a patent and a supplementary protection certificate (SPC) (Order of the Court…

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Anders Valentin (Bugge Valentin)
Danish Supreme Court decision on preemptory invalidity in relation to a patent application (Dupont/Danisco v. Novozymes)
December 05, 2014

We have previously reported (post 28 August 2012) on ongoing litigation in Denmark between DuPont/Danisco and Novozymes resulting at the time in the grant of an interlocutory injunction being firstly…

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Kluwer Patent blogger
Discussion on Unitary Patent renewal fees is speeding up
December 03, 2014

Time is closing in on two of the most hotly debated issues of the Unitary Patent (UP) package: the level of the UP renewal fees and the distribution key for the partition of these fees between…

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Brian Cordery, Steven Willis (Bristows)
Herceptin Round 2: Hospira enjoys the sweet smell of success once more
December 01, 2014

Regular readers of the Kluwer patent blog may recall that in April 2014, the English Patents Court revoked two patents relating to trastuzumab, the active ingredient in Herceptin, which is marketed…

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Medical
Miquel Montañá (Clifford Chance)
Patentability of biotechnology inventions: "O time thou must untangle this, not I. It is too hard a knot for me to untie"
November 27, 2014

Although Brian Cordery will try to have you believe that the title of this blog is borrowed from William Shakespeare's Twelfth Night, it may well have been taken from the Report from the Commission…

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Thomas Musmann (Rospatt Osten Pross)
Punitive damages in Europe? The ECJ will have a word on it!
November 21, 2014

The newly established 15th Patent Senate of the Appeals Court of Düsseldorf (Presiding Judge Dr. Ulrike Voß) has referred a number of questions concerning the calculation of damages in IP cases to…

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Thorsten Bausch (Hoffmann Eitle)
Proprietor’s Plea of Ply Patent Prevails (or: The Problem with the Problem, Part II)
November 20, 2014

by Anne Katrin Schön On 12 June of this year, the German Federal Court of Justice (FCJ) in Karlsruhe concluded nullity appeal proceedings (X ZR 96/11) against the German part of European patent EP 1…

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Kluwer Patent blogger
The Preparatory Committee on the opinion on the Spanish challenge of the Unified Patent Court: ‘It couldn’t be much better’
November 19, 2014

The Preparatory Committee of the Unified Patent Court (UPC) is very satisfied with the opinion of the Advocate General (AG) of the European Court of Justice (CJEU) on the Spanish challenge. As…

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Pieter Callens (Eubelius)
Advocate General proposes CJEU to dismiss Spain’s actions against the Unitary Patent Regulations
November 19, 2014

The first actions of Spain and Italy against the decision of 25 EU member states to use the system of “enhanced cooperation” for the unitary patent package were rejected by the Court of Justice of…

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Begoña González Otero (Max Planck Institute for Innovation and Competition)
On the fence of Article 27(k) of the UPC: The software interoperability “limitation”
November 14, 2014

Software interoperability seems to be at the heart of any discussion to how to protect computer programs lately. Recent cases such as Oracle v. Google before the US Supreme Court, and SAS v. WPLtd…

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