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2912 results available

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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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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Court Again Upholds Myriad Isolated DNA Claims
August 17, 2012

On August 16, 2012, just four weeks after it heard oral arguments, the U.S. Court of Appeals for the Federal Circuit issued its second decision in Association for Molecular Pathology v. Myriad…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
Software-related invention, Supreme Administrative Court (Naczelny Sąd Administracyjny), 19 March 2012
August 09, 2012

The Polish Supreme Administrative Court invalidated a decision of the Polish Patent Office in which it refused to grant a patent for an invention related to digital electronics. The court held that…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
K.P.E.N.V. v. Polish Patent Office, Supreme Administrative Court (Naczelny Sąd Administracyjny), 19 April 2012
August 09, 2012

The Supreme Administrative Court stated that the patentability requirements used by the Polish Patent Office should be construed in compliance with the patentability requirements provided in the…

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Daniela Ampollini (Trevisan & Cuonzo)
Merck vs. Sandoz, District Court of Turin (Tribunale di Torino), 7 April 2011
August 09, 2012

The District Court of Turin rejected Merck's requests for a preliminary injunction, finding lack of inventive step of the claimed co-formulation of dorzolamid and timolol based on a prima facie…

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Daniela Ampollini (Trevisan & Cuonzo)
Barilla vs. Pastificio Fazion, Supreme Court (Corte Suprema di Cassazione), 30 December 2011
August 09, 2012

The Supreme Court held that the patent claiming a device to be mounted on ovens used to industrially drain pasta was infringed by application of the doctrine of equivalence. A summary of this case…

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Daniela Ampollini (Trevisan & Cuonzo)
Giemme vs. Ciemmecalabria, Supreme Court (Corte Suprema di Cassazione), 12 June 2012
August 09, 2012

The Supreme Court revoked claims 1 to 4, and found claim 5 to be novel and inventive but not infringed, because the result of defendant's machine was not obtained by the claimed means. The court…

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