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Thorsten Bausch (Hoffmann Eitle)
Broad functional claims: A fair reward for patentee or an unfair attempt to “reach through” to future inventions by others?
December 05, 2013

Different views from the EPO and Germany on the same case 1. Introduction Functional features in patent claims may provide protection not only for specific embodiments disclosed in the patent…

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Miquel Montañá (Clifford Chance)
Not one single candidate out of 1300 applications fulfils the conditions required to be a candidate judge at the UPC
November 28, 2013

My last blog, published on 14 November 2013, mentioned that on the closing date (15 November 2013) set to send expressions of interest for persons wishing to be considered candidate Judges at the…

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Brian Cordery (Bristows)
Staying UK Proceedings Pending EPO Oppositions – Commercial Common Sense Prevails
November 27, 2013

In IPCom GmbH & Co KG v HTC Europe Co Limited and others [2013] EWCA Civ 1496, the English Court of Appeal has very recently given guidance concerning the circumstances in which it is appropriate…

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Thomas Musmann (Rospatt Osten Pross)
How far does the duty to provide information in patent nullity proceedings go?
November 22, 2013

by Stefan Lieck Based on the act for simplification and modernization of Patent Law ("Patentrechts-modernisierungsgesetz") patent nullity proceedings in Germany have been reformed fundamentally in…

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Thorsten Bausch (Hoffmann Eitle)
Pay your money, take your choice: More search freedom for ex-PCT applicants at the EPO
November 21, 2013

According to a recent decision of the Administrative Council, from November 2014 it will be possible, by paying appropriate further search fees, to obtain searches of any claimed invention when…

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Anders Valentin (Bugge Valentin)
Danish Supreme Court turns down Lundbeck in Escitalopram PI case
November 19, 2013

In Denmark, as in many other European countries, Escitalopram patent cases that have been conducted in recent years. One of these cases in which an interlocutory injunction was granted by the bailiff…

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Miquel Montañá (Clifford Chance)
A Unified Patent Court with austrian judges only?
November 14, 2013

Tomorrow is the deadline for persons with the qualifications required for appointment to judicial office in a state which is a contracting party to the Agreement on a Unified Patent Court ("UPC") to…

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Lars de Haas (V.O.)
T2259/09, European Patent Office (Appeals Court), 7 June 2013
November 12, 2013

The Board vacated  reversed a decision that deletion of drawings amounted to an extension of protection. The opposition Opposition division Division had revoked the patent with the argument that the…

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Thorsten Bausch (Hoffmann Eitle)
You must Bolar alone: Polish Supreme Court confirms exclusion of third-party manufacturers from the Bolar exemption
November 07, 2013

In a decision handed down on October 23, 2013, the Polish Supreme Court confirmed that the Bolar exemption does not cover activities by third-party manufacturers, i.e. supplying active ingredients…

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Thomas Musmann (Rospatt Osten Pross)
Transfer of rights in patent application filed by party not entitled to do so – Higher Regional Court reluctantly follows Federal Court of Justice
November 04, 2013

by Stephan von Petersdorff-Campen Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship…

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