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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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Daniela Ampollini (Trevisan & Cuonzo)
The Court of Turin on the patentability of software
May 08, 2014

By ruling of 21 February 2014, the Court of Turin decided a case between the US corporation Rovi and a number of Italian consumers electronics manufacturers. These had produced / imported set-top-…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
Poland: Bolar Exemption, Supreme Court 23 October 2013
May 08, 2014

The Bolar exemption must be interpreted narrowly in order not to affect the patent holder's exclusive rights. The privilege of the generic drug manufacturers who are allowed to conduct clinical…

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Lars Erik Steinkjer (Wikborg Rein)
Norway: Liquid Seal Pump, District Court Oslo, 27 January 2014
May 05, 2014

The Oslo District Court held that Jets AS' patent for a liquid seal pump of the helical screw type for use in vacuum drainage systems lacked novelty over one of Jets' own patents. Despite the court’s…

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Miquel Montañá (Clifford Chance)
A manufacturer may be a manufacturer even if it does not manufacture
April 30, 2014

Commercial Court number 5 of Barcelona recently handed down a judgment dated 28 March 2014 ordering a defendant to cease manufacturing and marketing coffee capsules that are compatible with Nespresso…

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