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Daniela Ampollini (Trevisan & Cuonzo)
The Italian Supreme Court on infringement by equivalents
April 23, 2012

The Italian case law on infringement by equivalent is rather scant and, until very recently, only one decision had been issued on this matter by the Supreme Court: 13 January 2004, no. 257, Lisec v.…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Courts Can Order Production Of Patent Litigation Settlement Negotiation Communications
April 16, 2012

In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to…

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Hetti Hilge (Rospatt Osten Pross )
Third Civil Division for patent infringement cases in Duesseldorf
April 12, 2012

The District Court of Duesseldorf will set up a third division (panel of judges) for patent infringement litigation. In addition, the Duesseldorf Court of Appeal will at least staff up, and possibly…

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Thorsten Bausch (Hoffmann Eitle)
Who’s the skilled sausage-maker? It’s a team, decrees Germany's Federal Court of Justice
April 12, 2012

As in other jurisdictions, German Courts try to determine whether an invention is patentable over the prior art by looking at it through the eyes of the notional skilled person at the effective…

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Pierre Véron (Véron & Associés)
Res judicata prevails over the retroactive and absolute effect of the patent revocation
April 11, 2012

  Mr X was ordered to pay damages for the infringement of a French patent No. 87‑03865, relating to a massage device, by a decision of the Cour d’Appel of Limoges on 10 …

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Miquel Montañá (Clifford Chance)
Lost in translation
April 05, 2012

One of the challenges of patent litigation in Spain is that our Civil Procedure Law is somewhat more formalistic than the laws of some other EU Member States, which would normally accept documents…

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Brian Cordery (Bristows)
Interim Injunctions - “You may not have the right to remain silent”
April 05, 2012

Merck Sharp Dohme Corp. and Bristol-Myers Squibb Pharmaceuticals Limited v. Teva Pharma B.V. and Teva UK limited On 15 March 2012, the High Court in England and Wales delivered some useful guidance…

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Brian Cordery (Bristows)
Gedeon Richter plc v Bayer Schering Pharma AG [2012] EWCA Civ 235
April 02, 2012

Last April we reported the case of Gedeon Richter plc v Bayer Schering Pharma AG [2011] EWHC 583 (Pat), concerning immediate release formulations of a combination contraceptive product containing the…

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Thorsten Bausch (Hoffmann Eitle)
The anonymous character of third party observations in ex parte and inter partes appeal proceedings
April 02, 2012

The boards of appeal of the European patent office recently issued a decision on December 14, 2011, T 1336/09, in which it was found in ex parte appeal proceedings that third party observations filed…

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Henrik Timmann for
Tell me what you want! - Determining the subject matter of the litigation in patent infringement cases
March 30, 2012

On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions…

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