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Miquel Montañá (Clifford Chance)
The Draft of the new Spanish Patent Act: utility models for chemical inventions. But also for pharmaceutical inventions?
June 27, 2014

One of the most salient aspects of the draft of the new Spanish Patent Act which Spain's Parliament will be discussing in the coming months is the dramatic modification of the legal regime governing…

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Thomas Musmann (Rospatt Osten Pross)
Use Patents under German Law – Manifest Arrangement
June 23, 2014

by Dr. Simon Klopschinski The Karlsruhe Higher Regional Court has found direct infringement of a use patent by manifest arrangement even though the product was not marketed together with an…

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Thorsten Bausch (Hoffmann Eitle)
The EU Patent Package – Where does Europe stand End of June 2014?
June 19, 2014

1 Introduction Reports that say there's -- that something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things that we know that we know. We also…

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Miquel Montañá (Clifford Chance)
Enhanced cooperation: which will prevail in Luxembourg, law or politics, on 1 July?
June 12, 2014

1 July appears to be a date prone to attract landmark historical events. On 1 July 1751, for example, the first issue of Denis Diderot & Jean Le Rond d' Alembert's Enciclopedia was published in…

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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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