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Robert Lundie Smith (EIP)
Drawing the line between a threat of infringement proceedings and providing factual information
August 28, 2013

Section 70 of the UK’s 1977 Patents Act “the Act” (as shown below) creates a cause of action against a party that issues groundless threats of patent infringement: (1) Where a person (whether or not…

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Simon Holzer (MLL Legal Ltd.)
Facts and Figures about Swiss Patent Litigation: The Annual Report of the Swiss Federal Patent Court
August 12, 2013

Earlier this year the Federal Patent Court published its annual report for the business year 2012. The report provides an overview of the businesses and procedures during the new Swiss Patent Court’s…

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EU parliament
Miquel Montañá (Clifford Chance)
Is the 'problem & solution approach' here to stay?
August 08, 2013

As the readers will know, one of the possible methods used by the European Patent Office ("EPO") to examine inventive step is the so-called "problem & solution" approach, which has three parts: i…

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Thomas Musmann (Rospatt Osten Pross)
Dialectics between English and German Courts on making vs repair
August 06, 2013

by Rüdiger Pansch for rospatt osten pross Assuming that “it is sensible for national courts at least to learn from each other and to seek to move towards, rather than away from, each other’s…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Technical Amendments To The America Invents Act Could Mean More Patent Term For U.S. National Phase Applications
August 05, 2013

The first set of "technical corrections" to the Leahy-Smith America Invents Act (AIA) was enacted on January 14, 2013. While this legislation did make "technical" corrections to some of the new AIA…

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Brian Cordery (Bristows)
Result for Resolution – Resolution Chemicals Limited v H. Lundbeck A/S – 29 July [2013] CA
August 02, 2013

The final week in July is always a busy time in the English Courts as Judges try to hand down judgments before the commencement of the summer vacation which lasts approximately two months. 2013 was…

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Thorsten Bausch (Hoffmann Eitle)
Mannheim Regional Court on the Liability of a Foreign Supplier under German Patent Law
August 01, 2013

The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany…

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Robert Lundie Smith (EIP)
UK FRAND Update
July 30, 2013

And Carissa Kendall-Palmer This piece follows from two previous postings to this blog by Robert Lundie Smith on the Nokia/HTC/IPCom FRAND litigation before the High Court of England and Wales (here…

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Daniela Ampollini (Trevisan & Cuonzo)
Recent news in the Italian Pfizer antitrust case
July 22, 2013

In my earlier posts (here and here) I reported and commented on the first two phases of the Italian Pfizer antitrust case, in which the Italian Antitrust Authority (IAA) accused Pfizer of having…

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Brian Cordery (Bristows)
Biotech patent fails for insufficiency - Eli Lilly and Company v Janssen Alzheimer Immunotherapy – 25 June [2013] EWHC 1737
July 19, 2013

It could be argued that 2013 is proving to be somewhat unkind to UK patentees when it comes to the issues of sufficiency and priority. On 25 June 2013, in a typically comprehensive judgment running…

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