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Brian Cordery (Bristows)
Escitalopram – revisited, again
April 29, 2013

On 12 April 2013, Mr Justice Arnold gave judgment in the English High Court in Resolution Chemicals Limited v H Lundbeck A/S ([2013] EWHC 739 (Pat)). Resolution (a generic supplier company) sought…

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Thorsten Bausch (Hoffmann Eitle)
"You Are Not Alone" Co-inventorship Requirements Further Clarified in Germany
April 25, 2013

The Federal Court of Justice in Germany held in its recent judgment of January 22, 2013 (court docket: X ZR 70/11) that to claim co-inventorship the contribution of the co-inventor need only be found…

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Miquel Montañá (Clifford Chance)
The ECJ on enhanced cooperation: is it the end, or is it the beginning?
April 19, 2013

On 16 April 2013 the European Court of Justice ("ECJ") handed down a judgment dismissing the nullity actions filed by Spain and Italy against Council Decision 2011/167/EU, of 10 March 2011, whereby…

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Pierre Véron (Véron & Associés)
Adding is limiting
April 17, 2013

Syngenta Limited (hereinafter referred to as “Syngenta”), a company governed by the laws of England and Wales, is the holder of European patent No. 0 382 375 entitled “Fungicides”. On…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Supreme Court Hears Oral Arguments in Myriad Gene Patent Case
April 15, 2013

On April 15, 2013, the U.S. Supreme Court will hear oral arguments in one of the most controversial and publicized biotech patent cases, the “ACLU/Myriad” gene patenting case (formally, The…

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Markus Lenssen (Rospatt Osten Pross)
Data as a product directly obtained by a process and questions of exhaustion
April 12, 2013

The German Federal Court of Justice (Bundesgerichtshof, BGH) addressed some interesting questions on patents protecting methods relating to data in the decision "MPEG-2-Videosignalcodierung" ("MPEG-2…

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Thorsten Bausch (Hoffmann Eitle)
Leflunomide or the Risky Life of a Generic Manufacturer in Germany
April 11, 2013

In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had…

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Simon Holzer (MLL Legal Ltd.)
The Swiss Federal Patent Court’s jurisdiction to assess claims directed against the Swiss Federal Confederation based on alleged patent infringement
April 08, 2013

In a recent decision (case no. 4A_443/2012) the Swiss Federal Supreme Court had to deal with a dispute between the German Robert Bosch GmbH, which filed suit against the Swiss Federal Confederation…

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Technology
Miquel Montañá (Clifford Chance)
Is "transit" an act of patent infringement?
April 04, 2013

One of the topics hotly discussed within the intellectual property family over the last few years is whether or not "transit" is an act of infringement. Since, unlike patent law, trademark law is…

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Brian Cordery (Bristows)
Regeneron Pharmaceuticals Inc. and Bayer Pharma AG v. Genentech Inc. [2013] EWCA Civ 93
April 03, 2013

In our post on 30 October 2012 we referred to forthcoming appeals dealing with how the question of obviousness should be tackled by the English courts. The Court of Appeal has now given its verdict…

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