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Ferry van Looijengoed for
Request to correct patent, European Patent Office (EPO Enlarged Board of Appeal), 23 July 2012
September 13, 2012

Since Rule 140 EPC is not available to correct the text of a patent, a patent proprietor's request for such a correction is inadmissible whenever made, including after the initiation of opposition…

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Anders Valentin (Bugge Valentin)
Danish court revisits EPO assessment (BioPorto v. Phadia - Maritime and Commercial Court case T0009-07))
September 12, 2012

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent…

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Simon Holzer (MLL Legal Ltd.)
Swiss Federal Patent Court adopts Dusseldorf rules for preliminary taking of evidence
September 10, 2012

In a decision dated 14 June 2012, the Swiss Federal Patent Court granted a patent holder's request for preliminary taking of evidence by means of the creation of a precise description of an allegedly…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Patent System Changes Taking Effect September 16, 2012
September 03, 2012

The next wave of U.S. patent reform changes embodied in the Leahy-Smith America Invents Act takes effect on September 16, 2012. The following is a list of some key changes that may impact granted,…

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Thorsten Bausch (Hoffmann Eitle)
It takes Two to Bolar - European courts have excluded third party manufacturers from scope of Bolar exemption
August 30, 2012

The Regional Court in Dusseldorf and the Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity…

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Pierre Véron (Véron & Associés)
Losartan: SPC’s paediatric extension and preliminary injunction
August 29, 2012

On 8 June 2012, the Tribunal de Grande Instance of Paris rendered an interesting decision concerning Losartan. It particularly deals with two questions: the conditions of the SPC’s…

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Anders Valentin (Bugge Valentin)
The Danish High Court sets aside a patent as "presumably invalid" for the first time
August 28, 2012

The pan-European litigation between Danish companies Danisco A/S (today a part of DuPont) and Novozymes A/S has been extensively reported in posts on this blog (12/08/2011; 21/09/2011; 10/01/2012; 09…

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Daniela Ampollini (Trevisan & Cuonzo)
The role of the Judge in reviewing court expert’s reports, inventive step and product by process claims in a recent decision of the Court of Turin
August 28, 2012

By ruling of 10 July 2012, the Court of Turin decided in the first instance an infringement action filed by Italian company Novamont against German and French companies Biotec and Biosphère, for the…

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Miquel Montañá (Clifford Chance)
Obtaining marketing authorization and price earlier than approximately 50 days before the expiry date may be an act of unfair competition
August 28, 2012

On 30 July 2012, Commercial Court number 5 of Barcelona handed down an interesting decision that has brought again to the fore the legality of so-called "preparatory acts" (in particular, obtaining…

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Peter Burgers (Brinkhof)
Solvay v. Honeywell, Court of Justice of the European Union (Court of Justice of the European Union), 12 July 2012
August 27, 2012

The Court of Justice ruled that claims against different companies located in different Member States marketing the same product regarding infringement of a a European patent in one jurisdiction were…

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