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Pieter Callens (Eubelius)
Ratification by Belgium of the UPC agreement
April 04, 2014

 On 2 April 2014 the parliamentary committee Foreign Affairs of the Belgian House of Representatives voted in favor of the ratification of the UPC agreement. The vote in plenary session is…

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Justice
Miquel Montañá (Clifford Chance)
The CJEU rulings of 30 January 2014 on TRIPS: If you don't want to get the wrong answer, don't ask the wrong question
April 02, 2014

On 30 January 2014 the Court of Justice of the European Union ("CJEU") handed down two Decisions in response to two preliminary rulings sought by the same Greek Court that referred the questions…

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Kluwer Patent blogger
T 1764/09, EPO (Appeals Court), 9 January 2014
April 02, 2014

The board held that a document of speculative nature could not objectively be considered as a realistic starting point or the most promising springboard towards the claimed invention: the document…

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Anders Valentin (Bugge Valentin)
Local UPC chamber to be set up in Denmark
March 27, 2014

On Friday, 21 February 2014, the Danish Government announced its plans to establish a local division of the UPC in Copenhagen if the Danish referendum on Denmark’s accession to the UPC should turn…

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Amy Cullen (Bristows)
Hospira v. Novartis, Court of Appeal of England and Wales, 19 December 2013 ”
March 27, 2014

The Court of Appeal upheld the judgment of the High Court (Arnold J) that claims concerning treatment of osteoporosis with zoledronic acid were not entitled to an earlier priority date and were…

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Thomas Musmann (Rospatt Osten Pross)
There’s life in the old dog yet: Infringement under the doctrine of equivalence
March 26, 2014

Many practitioners in Germany thought the doctrine of equivalence to be rather at its end following two Supreme Court (BGH)-decisions in 2011 (“Okklusionsvorrichtung” and “Dyglycidverbindung”). Now,…

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Simon Holzer (MLL Legal Ltd.)
Facts and figures about Swiss patent litigation: Press release concerning the annual report 2013 of the Swiss Federal Patent Court
March 24, 2014

Earlier today, the Swiss Federal Courts (including the Swiss Federal Patent Court) published a joint press release concerning their annual reports 2013. The number of infringement and/or validity…

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Miquel Montañá (Clifford Chance)
An expert must be an expert
March 20, 2014

On 22 October 2013 the Provincial Court of Barcelona (Section 15) handed down a controversial judgment revoking a patent due to lack of inventive activity relying on a technical report prepared by an…

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Simon Holzer (MLL Legal Ltd.)
The wording of Prayers for Relief: A complicated Swiss affair
March 18, 2014

The wording of prayers for relief in patent infringement proceedings remains a hotly debated issue in Switzerland. In a landmark decision dated 2004 (BGE 131 III 70) the Swiss Federal Supreme Court…

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Brian Cordery (Bristows)
Simplicity is no Objection – The illuminating saga of Collingwood Lighting Limited v. Aurora Limited (10 February 2014)
March 17, 2014

by Katie Hutchinson & Brian Cordery A recent judgment from Mr Justice Roth in the UK Patents Court found a patent for a fire resistant LED downlight valid and infringed. The gist of the invention…

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