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Lars de Haas (V.O.)
R3/10, European Patent Office (EPO Enlarged Board of Appeal), 29 September 2011
January 13, 2012

The Enlarged Board of Appeal (EBA) allowed review of the conduct of the Technical Board of Appeal (TBA), since  the TBA rejected a main request for lack of inventive step which had not yet been…

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Ivan Marinov (Delchev & Partners)
BPO v. AstraZeneca (II), Supreme Administrative Court (Bърховен касационен съд), 8 December 2010
January 13, 2012

AstraZeneca filed a request with the Patent Office (PO) for the publication in the PO's official bullet of a court judgment invalidating a previous PO's decision regarding the termination of one of…

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Ferry van Looijengoed for
Combined VCR index and EPG/Gemstar, European Patent Office (EPO Board of Appeal), 14 September 2011
January 13, 2012

The question of whether or not a claim in a patent deriving from a divisional application covering or embracing something which was not specifically disclosed in the parent application, is not the…

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Lars de Haas (V.O.)
R11/11, European Patent Office (EPO Board of Appeal) 14 November 2011
January 13, 2012

The Enlarged Board confirmed that a Technical Board of Appeal may refuse a request that is filed with the grounds of opposition if – upon request by the opposition division – the applicant has…

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Justice
Miquel Montañá (Clifford Chance)
Is the ECJ's judgment in Medeva in line with EPC (2000)?
January 12, 2012

The recent judgment from the ECJ of 24 November 2011 in case C-322/10 ("Medeva") has surprised the patent community, since the ECJ appears to have changed the view expressed in its judgment of 16…

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Brian Cordery (Bristows)
Danisco A/S v. Novozymes A/S, High Court of Justice, Chancery Division, Patents Court, 8 December 2011, [2011] EWHC 3288 (Pat)
January 10, 2012

The English High Court has recently ruled on the appropriateness of staying validity and infringement proceedings pending a Technical Board of Appeal (“TBA”) decision of the European Patent Office (“…

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Daniela Ampollini (Trevisan & Cuonzo)
Preliminary Technical Assessments not available to assess the validity of the patent
January 09, 2012

As stated already in one my earlier posts (here), Legislative Decree no. 131/2010 has introduced a new procedural tool in the Italian IP litigation scenario. New Art. 128 of the Italian IP Code now…

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hammer
Bernward Zollner
Accounting on infringer's profit
January 06, 2012

In two decisions of May and September 2011 the Appeal Court Düsseldorf had to comment on various issues concerning the accounting and determination of patent infringer's profit. In the decision of…

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Simon Holzer (MLL Legal Ltd.)
New Swiss Federal Patent Court Gets Down to Work (English translation of Guidelines and Regulations Available)
January 05, 2012

As per January 1, 2012 the Swiss Federal Patent Court became effective. The Federal Patent Court is exclusively competent for: a. validity and infringement disputes and actions for issuing a license…

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Anders Valentin (Bugge Valentin)
A Unified Patent Court under the Danish Presidency - a further domestic Danish policy issue?
January 03, 2012

Among many other tasks, the Danish Government when taking over the EU Presidency as of 1 January took over the continued challenges (and problems) in connection with securing a compromise that may…

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