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Kristof Roox (Crowell & Moring)
Limitation of the reach of a preliminary injunction and no absolute application of the prima facie validity of a patent
July 25, 2014

PI proceedings have always been a powerful weapon for patentees in Belgium.  In such proceedings before the President of the Commercial Court a full legal analysis of the parties’ rights cannot be…

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Brian Cordery (Bristows)
Eli Lilly v HGS – Declaration Denied
July 24, 2014

It is perhaps a poor reflection on the CJEU that it regularly issues rulings that, when the case is restored before the referring court, lead both parties to an action to claim victory. However this…

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Medical
Miquel Montañá (Clifford Chance)
Patentability of biotechnological inventions before the CJEU – A narrower construction of the "no-go zone" than in Brüstle or simply different facts?
July 24, 2014

On 17 July 2014, Advocate General Pedro Cruz Villalón issued his opinion in Case C-364/13 International Stem Cell Corporation v. Comptroller General of Patents, whereby he proposed that the Court of…

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Luke McDonagh (London School of Economics)
Exploring Perspectives of the Unified Patent Court and Unitary Patent within the Business and Legal Communities - A Report for the UK Intellectual Property Office
July 22, 2014

Since the announcement of the establishment of the Unified Patent Court (UPC) and Unitary Patent (UP) for Europe there has been much speculation concerning the potential positives and negatives of…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Kommunikationskanal, Federal Court of Justice 11 February 2014
July 21, 2014

The FCJ held that the priority of an earlier application may be rightfully claimed if the technical information described for a specific embodiment or otherwise in in the application is seen by the…

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Thomas Musmann (Rospatt Osten Pross)
Chairman Between the Chairs -The Decision of the Enlarged Board of Appeal R0012/19-
July 18, 2014

Almost everyday someone posts something about the Unified Patent Court or a seminar is offered about the “newest” developments. In fact nobody is able to predict whether the system will “work”. It is…

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Brian Cordery (Bristows)
More honour’d in the breach than the observance
July 16, 2014

In a decision dated 11th July 2014, the English Patents Court (Arnold J.) has again refused to stay proceedings to revoke an EP(UK) whilst opposition proceedings are on-going at the EPO. The decisive…

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Mathilda Nordmark (Bird & Bird)
Sweden: Brokk v Husqvarna, Stockholm District Court 15 January 2014
July 14, 2014

The Stockholm District Court found that the product did not fall under the wording of the patent claim or the doctrine of equivalence. During the application procedure before EPO, the patent holder…

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Pieter Callens (Eubelius)
Shortlist of judges for Unified Patent Court
July 11, 2014

This week the Preparatory Committee of the Unified Patent Court gathered at the Finnish Permanent Representation to the European Union for their sixth meeting. At this meeting the Committee approved…

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Brian Cordery, Rachel Mumby (Bristows)
A (not so) Wii decision from the English High Court
July 09, 2014

Computer games enthusiasts will be interested in this decision from the English High Court in which it was found that the Nintendo Wii and Wii U systems infringe two patents owned by Philips. And for…

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