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law
Peter Burgers (Brinkhof)
Merck Sharp & Dohme / Sandoz, Court of Appeal The Hague (Gerechtshof Den Haag), 1 May 2012
June 19, 2012

The Court of Appeal confirms the revocation by the District Court of a patent relating to a coformulation of timolol and dorzolamide for the treatment of glaucoma , for lack of inventive step. The…

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Simon Holzer (MLL Legal Ltd.)
Hybrid Status of Foreign Court Expert Opinions in Swiss Patent Litigation
June 18, 2012

The numerus clausus of legally permissible pieces of evidence in the new Swiss Civil Procedure Code (CPC) – unlike in many other codes of civil procedure – does not provide for private expert…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
A Look At The U.S. Doctrine of Obviousness-Type Double Patenting
June 13, 2012

While many countries have laws against “double patenting” that prevent an Applicant from obtaining more than one patent on the same invention, the U.S. also bars Applicants from obtaining a second…

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Thorsten Bausch (Hoffmann Eitle)
Germany’s Federal Court of Justice revokes Leo’s Calcipotriol Monohydrate Patent
June 06, 2012

Lawsuits surrounding Leo Pharmaceuticals’ patent EP0679154 directed to calcipotriol monohydrate have been on-going in various European states since 2008. Calcipotriol is a vitamin D3 derivative with…

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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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