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Lars de Haas (V.O.)
T2075/11, European Patent Office (Appeals Court)
January 30, 2014

The Board of Appeal used its discretionary power to declare inadmissible an appeal based on the claims as granted after the proprietor had only defended amended claims before the opposition division…

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Miquel Montañá (Clifford Chance)
Levonorgestrel, Court of Appeal of Burgos, 2 September 2013
January 28, 2014

The Court of Appeal of Burgos dismissed the appeal against the Judgment of the Provincial Court of Burgos, which upheld a patent for a pharmaceutical composition and its use, despite the fact that…

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Anonymous
Milling Method (Fräsverfahren), Federal Court of Justice (Bundesgerichtshof), 7 May 2013 ”
January 24, 2014

(1) If a plaintiff can prove there was an “offering” of means for the patented purposes, it can be assumed that the means were also delivered for those purposes, and that therefore the plaintiff has…

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Emmanuel Gougé (Pinsent Masons)
Vetrotech v. Interver, Court of Cassation of France, 13 February 2013 ”
January 22, 2014

The French Supreme Court condemned a patentee’s undue use of an evidentiary measure (infringement seizure, "saisie-contrefaçon") as a way to obtain information from a competitor, specifically…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Court Decision Changes U.S. Patent Term Adjustment Calculations
January 21, 2014

The Federal Circuit decision in Novatris AG v. Lee, Nos. 2013-1160, -1179 (Jan. 15, 2014), interpreted 35 USC § 154(b)(1)(B)(i) as it relates to the impact that a Request for Continued Examination (…

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Anders Valentin (Bugge Valentin)
Danes forced to have have referendum on UPC
January 14, 2014

As readers of this blog may recall, the Danish government has for some time attempted to persuade a 5/6 majoirity of the Danish parliament to agree to cast the vote in favour of Danish accession to…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Update On U.S. Patent Reform
January 13, 2014

Now that the holidays are over and the U.S. Congress has headed back to work, it is a good time to review what is happening with U.S. patent reform. The Goodlatte Innovation Act passed the House in…

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Thorsten Bausch (Hoffmann Eitle)
Enforcement of IPR at German Trade Fairs - The Long-Standing “On-Call Duty” of the RC Braunschweig
January 10, 2014

The Hanover Trade Fair is the world’s leading trade fair for industrial technology and will take place between 7 and 11 April 2014. The CeBIT is the world's largest computer expo and will be held…

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Simon Holzer (MLL Legal Ltd.)
Recusal of Non-Permanent Judges of the Swiss Federal Patent Court compared to Article 7 of the Statute of the Unified Patent Court
December 26, 2013

In a recent decision (case no. 4A_142/2013), the Swiss Federal Supreme Court had to decide whether one of the non-permanent judges of the Swiss Federal Patent Court, a Swiss patent attorney, was…

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Miquel Montañá (Clifford Chance)
Will Father Christmas bring a new Spanish Patent Act for 2014?
December 24, 2013

One of the "co-lateral" damages expected from the latest Pixar Films' type of productions coming from the European Commission (the European patent with unitary effect and the Unified Patent Court ("…

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