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Emmanuel Gougé (Pinsent Masons)
Mr. X ./. Rolanfer and Becker, Court of Cassation, Commercial Chamber (Cour de cassation, Ch. Com.), 3 April 2012
September 27, 2012

The French Supreme Court specified the rules for the application of the doctrine of equivalence in the assessment of infringement of a process patent, holding that a patented process is considered to…

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Lars de Haas (V.O.)
T936/09, European Patent Office (Appeals Court), 1 March 2012
September 27, 2012

The Board, exercising its power under Article 12(4) RPBA, decided not to admit the patent proprietor's (appellant) main request in appeal, because he did not at all respond in substance to the…

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Miquel Montañá (Clifford Chance)
An SPC granted using a marketing authorisation that time has proved to be wrong: Nullification or recalculation?
September 25, 2012

Until recently, cases involving "Supplementary Protection Certificates" (so-called "SPCs") were relatively rare in Spain. This is due to the fact that, as a consequence of the transitional provisions…

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Brian Cordery (Bristows)
Further Success for HGS in the English Courts
September 17, 2012

August and September are traditionally vacation months in the English Courts although the Patents Court can and often does sit in September. As a result of this, not many judgments are handed down in…

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Thomas Musmann (Rospatt Osten Pross)
IBC – A never ending story?
September 14, 2012

by Miriam Büttner As promised by my colleague, Rüdiger Pansch (please see his post on "Munich Appellate Court on Making vs. Repair" dated 28 October 2011 and the other earlier Blogs cited therein) we…

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Thorsten Bausch (Hoffmann Eitle)
Draft New Regulation on Border Measures: De facto Abolition of Customs Action With Regard to Patents?
September 13, 2012

On 3 July 2012, the European Parliament adopted the Commission’s proposal for a new Regulation on “Customs Enforcement of Intellectual Property” (COM(2011)0285) at first reading. The document P7_TA(…

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Lars de Haas (V.O.)
T1178/08, European Patent Office (Appeals Court), 9 May 2012
September 13, 2012

The Board refused to admit the only set of claims,  with an added limitation, filed in the patentee's grounds of appeal. In the  Board's view, the applicant should have submitted the amended claims…

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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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