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Daniela Ampollini (Trevisan & Cuonzo)
The Italian Supreme Court on the test for prior disclosure
June 06, 2012

By decision of 23 March 2012, the Supreme Court decided a case between two competitors in the field of steel products and machinery, concerning in particular the alleged infringement of two Italian…

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Anders Valentin (Bugge Valentin)
Supreme Court decision regarding the creative step test for Danish utility models
June 05, 2012

In a recent decision (16.5.2012) the Supreme Court in Denmark has ruled on the requirement of creative step that applies to Danish utility models and serves the same purpose as inventive step in…

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Miquel Montañá (Clifford Chance)
TRIPS and access to medicines in developing countries: is it a matter of law or a matter of corporate responsibility?
June 05, 2012

TRIPS has historically been criticized on the grounds that it makes access to medicines in developing countries more difficult. To address this concern, on 30 August 2003 the World Trade Organization…

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Anonymous
Pralinenform II, Federal Court of Justice (Bundesgerichtshof), 22 April 2010
May 29, 2012

The presentation of a product at an exhibition within Germany, constitutes use of the shape of the product (protected by trademark law) in the course of trade for advertising purposes, and this is…

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Anonymous
E-mail via SMS, Federal Court of Justice (Bundesgerichtshof), 22 November 2011
May 29, 2012

When seeking to improve a data structure prescribed in an international standard, the skilled person would consider mechanisms already described in the standard when solving the identified technical…

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Anders Valentin (Bugge Valentin)
Vericore v. The Danish Board of Appeals, Maritime and Commercial Court (Højesteret), 24 January 2012
May 29, 2012

The Danish Maritime and Commercial Court upheld the invalidation (in two administrative instances) of a patent claiming second medical use of a known compound for the treatment of sea lice…

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Thomas Musmann (Rospatt Osten Pross)
Protection improved for license agreements by recently submitted bill in Germany
May 25, 2012

by Bernward Zollner Earlier this year the Ministry of Justice has submitted a bill which intends to grant a better protection to license agreements in case the licensor has to file a motion for the…

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Robert Lundie Smith (EIP)
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – further guidance on litigation before the Patents County Court
May 23, 2012

In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Courts Look At Method Of Use Patents In Generic Drug/ANDA Litigation
May 21, 2012

Last month both the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued important decisions relating to method of use patents in the Hatch-Waxman Abbreviated New Drug…

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Thorsten Bausch (Hoffmann Eitle)
Individualization – Where does it end?
May 18, 2012

Fairly recent case law of the EPO suggests that the concept of individualized disclosure may reach further than many people think. This can have severe implications for the validity of patents and…

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