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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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Thomas Musmann (Rospatt Osten Pross)
FRAND and compulsory license defense - District Court Düsseldorf refers questions on the available remedies for owners of standard essential patents to the Court of Justice of the European Union (CJEU)
April 02, 2013

by Hetti Hilge The District Court Duesseldorf stayed a case between Huawei and ZTE concerning mobile and base stations within the LTE standard and referred five question to the CJEU (docket No. 4b O…

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Thorsten Bausch (Hoffmann Eitle)
CJEU to Review Anti-trust Compulsory License Defense
March 28, 2013

The Regional Court Dusseldorf submitted on 21 March 2013 a referral to the CJEU with five questions regarding the interpretation of Art. 102 TFEU relating to the antitrust objection of compulsory…

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law
Emmanuel Gougé (Pinsent Masons)
Omnipharm Limited / SAS Merial, Court of Appeal Paris (Cour d'appel Paris), 17 February 2012
March 22, 2013

The Paris Court of Appeal clarified the interest of a potential competitor to seek the revocation of a patent. It was particularly unclear whether any competitor, current or potential, could have a…

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Miquel Montañá (Clifford Chance)
Ros Roca vs. Envac Centralsug Aktiebolag, Supreme Court (Tribunal Supremo), 11 July 2012
March 22, 2013

Spain adopted the optional clause in Article 65 of the EPC, which requires a translation of the patent filed with the national patent office within 3 months of publication of the patent by EPO. The…

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Matthew Raynor (Bristows) for
Virgin Atlantic Airways Ltd v. Jet Airways (India) Ltd, High Court Chancery Division (High Court Chancery Division), 27 July 2012
March 22, 2013

The Court held that a decision by the EPO relating to the UK designation was not capable of challenge. In any event, the procedure chosen by the claimant to challenge the decision (an application to…

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Katrin Gutsmiedl (Hoffmann Eitle)
Gelomyrtol, Federal Court of Justice (Bundesgerichtshof), 23 October 2012
March 22, 2013

A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a…

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Katie Rooth (Bristows)
Actavis v. Sanofi, High Court Chancery Division, 20 September 2012
March 22, 2013

The High Court (Arnold J.) decided to refer further questions on the interpretation of Article 3 of the SPC Regulation to the CJEU,, particularly in relation to the Article 3(a) requirement that "the…

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law
Claire Purkiss (Bristows)
Medimmune v. Novartis & Anor, Court of Appeal Civil Division, 10 October 2012
March 22, 2013

The Court of Appeal held that while structural approaches for determining obviousness (with reference to the Pozzoli test), are useful, the importance of the statutory test cannot be undermined. The…

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Patricia Cappuyns (Cappuyns Intellectual Property Law )
Germeau Carrière v. Core Distribution and Urban Sporting Goods, 21 February 2012
March 22, 2013

The Court of Appeal of Liège confirmed the President of the Commercial Court's finding that the appellant had committed patent infringement, and ordered the reimbursement of costs of the saisie-…

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