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Brian Cordery (Bristows)
Fresenius v. Carefusion, Court of Appeal Civil Division, 8 November 2011
January 02, 2012

The general rule in UK litigation is that the successful party is entitled to its costs. One exception to this rule, peculiar to patent cases, is a so-called 'Earth Closet' order. If an alleged…

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Peter Burgers (Brinkhof)
Medeva v. Comptroller, European Court of Justice, 24 November 2011
January 02, 2012

The Court of Justice clarified the requirements for grant of an SPC under Articles 3(a) and 3(b) of the SPC Regulation. According to the Court, on the basis of Article 3(a) an SPC cannot be granted…

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Pierre Véron (Véron & Associés)
Samsung v Apple: Order from the Presiding Judge of the Tribunal de Grande Instance of Paris dated 8 December 2011
January 02, 2012

On 8 December 2011, the presiding judge of the Tribunal de Grande Instance of Paris has rendered an order in the context of the worldwide battle between Samsung and Apple.   Samsung…

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Miquel Montañá (Clifford Chance)
Atorvastatine, Supreme Court (Tribunal Supremo), 11 November 2011
January 01, 2012

The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar…

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Robert Fitt (Brisotws)
HGS v. Eli Lilly, UK Supreme Court, 2 November 2011
January 01, 2012

The UK Supreme Court overturned the decision of the High Court and the Court of Appeal that HGS's patent directed towards Neutrokine, a new protein and member of the ligand superfamily, lacked…

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Florence Verhoestraete for
Novartis v. GSK, Supreme Court (Cour de Cassation), 24 March 2011
January 01, 2012

The Supreme Court held that disputes relating to confidential information contained in an expert's report, filed in the framework of descriptive seizure proceedings, can be heard by the court having…

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Miquel Montañá (Clifford Chance)
AN EU PATENTS VESSEL WITHOUT CABINS (AND NOW EVEN SEATS) FOR ITALY AND SPAIN?
December 29, 2011

By Miquel Montañá In year 2021, Italy will celebrate the 600th anniversary of the patent granted by the Republic of Florence to Filippo Brunelleschi for his ship "Il Badalone", the first patent ever…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
Is there a theory of equivalence in Poland ?
December 23, 2011

The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property…

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Stephan von Petersdorff-Campen for
Royalty-free exclusive licences – can patent holders claim damages?
December 22, 2011

by Stephan von Petersdorff-Campen - rospatt osten pross Where a patent has been exclusively licensed to a third party, it is this licensee who is directly prejudiced by an infringement of said patent…

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Thorsten Bausch (Hoffmann Eitle)
“Polierendpunktbestimmung” – A Christmas Present to the IP Profession by the German Federal Court of Justice
December 21, 2011

Just a few years ago, the German IP profession suddenly became very, very nervous. The Regional Court of Düsseldorf had issued its first of a handful of decisions wherein the German part of a…

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