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Isabelle Romet (Véron & Associés)
Patent revocation actions in France: mind the slot!
June 11, 2014

Until recently, third parties had not to worry about the date at which they would initiate a patent revocation action in France. However, nowadays, this issue is a hot topic in France. The origin of…

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Gregory Bacon (Bristows)
English Patents Court grants extra-territorial DNIs
June 10, 2014

Patent litigators around Europe will be taking note of the latest significant development from the English Patents Court in the case of Actavis v Eli Lilly [2014] EWHC 1511 (Pat) (judgment dated 15…

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Markus Lenssen (Rospatt Osten Pross)
Patent claim construction – reference to a multitude of preceding claims
June 06, 2014

Just recently, the judgement of the German Federal Court of Justice (Bun-desgerichtshof, BGH) in re X ZR 31/11 concerning a tyre removal machine has been published. This judgement is of relevance as…

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Kluwer Patent blogger
T 1843/09: the EPO clarifies the scope of the prohibition of reformatio in peius
June 06, 2014

Under the principle of the prohibition of reformatio in peius, the Boards of Appeal of the European Patent Office are forbidden from taking a decision which puts a sole appellant in opposition appeal…

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Miquel Montañá (Clifford Chance)
From "in foro interno, in foro externo" to "non foro interno, in foro externo": Is the CJEU constructing the patent house from the roof down?
May 29, 2014

Those who embraced a deceptive feeling of easiness when they saw Articles 6 – 8 vanish from the text of Regulation (EU) Nº 1257/2012 of the European Parliament and the Council of 17 December 2012…

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Thomas Musmann (Rospatt Osten Pross)
Two senates at the Appeal Court Duesseldorf now competent for patent infringement cases
May 23, 2014

by Bernward Zollner Since the beginning of 2014 a second senate for patent infringement cases (under presiding judge Dr. Ulrike Voss) has commenced to work. The already existing senate (under…

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Thorsten Bausch (Hoffmann Eitle)
Are Method of Treatment Features To Be Considered for Patentability?
May 22, 2014

Suppose you have an invention that resides in using a known substance in a known dosage for a known purpose, and your only distinguishing feature is that you apply a particular therapeutic measure…

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Lars Erik Steinkjer (Wikborg Rein)
Norway: Esomeprazole, Court of Appeal Borgarting 24 January 2014
May 13, 2014

The Court of Appeal held that the esomeprazole salt in Krka's product with an optical purity of 98.8 - 99.5 % e.e. (enantiomeric excess)  was an “optically pure compound” as claimed in AstraZeneca's…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Cloned Sheep And Other Patent Eligibility Issues In The U.S.
May 12, 2014

Last week, in In Re Roslin Institute, the U.S. Court of Appeals for the Federal Circuit held that cloned cattle, sheep, pigs and goats are non-patent eligible subject matter under 35 USC § 101. While…

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Thorsten Bausch (Hoffmann Eitle)
New Block Exemption Rules for Technology-Transfer Agreements
May 08, 2014

The European Commission has adopted new competition rules for the assessment of technology-transfer agreements. The revised Block Exemption Regulation for Technology-Transfer Agreements (EU) 316/2014…

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