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law
Miquel Montañá (Clifford Chance)
Barcelona Court of Appeal writes penultimate word on "imminence"
July 02, 2013

On 10 June 2013 the Court of Appeal of Barcelona handed down a very interesting decision that appears to have written the penultimate word in the long saga of decisions discussing the meaning of "…

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Leigh-Anne Thomas (EIP)
Swarovski’s marksman hits the right target – why Leica should define the correct problem to be solved
July 01, 2013

And Richard Pratt Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227 Summary At the Patents Court before Vos J, Swarovski-Optik brought patent infringement proceedings against Leica Camera, who…

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Rik Lambers (Brinkhof)
Kluwer Patent Blog Poll
June 28, 2013

Now is the winter of our discontent, or so some may have thought when the Unified Patent Court (“UPC”) agreement was signed on 19 February of this year. The rain came mainly from Spain, which started…

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Thorsten Bausch (Hoffmann Eitle)
Non-disclosed Disclaimers and the "Remaining Subject-Matter Test" of G 2/10
June 27, 2013

The main principles applicable for assessing whether a non-disclosed disclaimer meets the requirements of Article 123(2) EPC have been laid out in the decision G 1/03 of the Enlarged Board of Appeal…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Supreme Court Holds Isolated Human Genes May Not Be Patented
June 25, 2013

On June 13, 2013, the U.S. Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.). In a unanimous opinion…

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Rik Lambers (Brinkhof)
Consultation UPC Rules of Procedure
June 25, 2013

Over the past months several webites have been launched that try to track and trace any and all news and documents on the Unitary Patent and Unified Patent Court ("UPC"). Today the faithful UPC…

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Anonymous
Folien Fischer et al. v. Ritrama, Court of Justice of the European Union (Court of Justice of the European Union), 25 October 2012
June 14, 2013

Jurisdiction at the place where the harmful event occurred or may occur pursuant to Article 5 (3) of Regulation EC/44/2001 can be established in a negative declaratory action even though this action…

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Tamara Elmore (Vereenigde)
Process for improving glucose metabolism, European Patent Office (Appeals Court), 19 December 2012
June 14, 2013

There is insufficiency of disclosure if the skilled person must deliberately ignore a feature of the claim which is perfectly understandable per se in order to work the invention. Click here for the…

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David Nilsson (Bird & Bird)
Legro Gartneri A/S v. Svegro AB, Stockholms tingsrätt (Stockholm District Court), 26 April 2012
June 14, 2013

The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by…

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David Nilsson (Bird & Bird)
EveryMed AB v. Roche Diagnostics GmbH, Svea Court of Appeal Stockholm (Svea Hovrätt), 27 June 2012
June 14, 2013

In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics' European patent as far as Sweden was concerned, but held, other than the…

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