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Miquel Montañá (Clifford Chance)
Groucho Marx, fairness and the opting-out fee
October 31, 2013

As he recounted in Groucho and me (1959), Groucho Marx once sent a telegram to the Friar's Club of Beverly Hills with the following text: "Please accept my resignation.  I don't want to belong to any…

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Brian Cordery (Bristows)
Resolution Chemicals v Lundbeck – it’s a small world!
October 30, 2013

In my August post reported here, I mentioned that the skirmish between Resolution and Lundbeck regarding the validity of Lundbeck’s SPC for escitalopram is scheduled to be heard in the English…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
The Innovation Act Would Bring More U.S. Patent Reform
October 28, 2013

On October 23, 2014, U.S. Congressman Goodlatte (R-VA) introduced the “Innovation Act,” which is intended “to make improvements and technical corrections” to the Leahy-Smith America Invents Act (AIA…

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Thorsten Bausch (Hoffmann Eitle)
Opting out and Opting in – What will be your Options and what are you Opting for?
October 24, 2013

While the preparations for the future EU Patent Package are ongoing, it may be useful to familiarize oneself somewhat with some of the key options that the new patent system will offer to its users…

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Robert Lundie Smith (EIP)
Moving the SPC Goal Posts or a Necessary Amendment?
October 22, 2013

It is hard to think of a recent SPC case before the UK courts where the judge has not had to refer questions to the CJEU in order to either clarify the terms of the SPC Regulation or the CJEU’s…

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Miquel Montañá (Clifford Chance)
Protective writs in Spain?
October 17, 2013

As the readers may know, what is referred to as a "protective writ" is an anticipatory defensive mechanism that a person that fears to be sued for patent infringement may use in countries such as…

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Markus Lenssen (Rospatt Osten Pross)
The patent claim as a technical teaching in its literal sense
October 11, 2013

In its decision "Fahrradkurbeleinheit" ("bike crank assembly") the Higher Regional Court of Düsseldorf has lifted an injunction by the Regional Court of Düsseldorf on appeal (OLG Düsseldorf, I-2 U 78…

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Thorsten Bausch (Hoffmann Eitle)
Medeva and the Limitation of Composition Claims
October 10, 2013

In Medeva (C-322/10 of 24 November 2011) the Court of Justice of the European Union (CJEU) had ruled that a Supplementary Protection Certificate relating to a combination of active ingredients can…

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Brian Cordery (Bristows)
To stay or not to stay – English court of Appeal to review guidelines
October 08, 2013

In 2008, the English Court of Appeal in Glaxo Group v Genentech ([2008] EWCA Civ 23) gave general guidance on the Patent’s Court discretion to stay legal proceedings on the ground that there are…

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Anders Valentin (Bugge Valentin)
May 2014 date set for Danish referendum on UPC
October 07, 2013

The Danish government has now set a date for a referendum to decide on whether or not Denmark is to join the UPC. On 25 May 2014, in connection with elections for the European Parliament, the Danes…

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