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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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Pierre Véron (Véron & Associés)
Calculation of patent infringement's damages Loss of profit, compensatory royalty, springboard effect
December 19, 2011

The German company Hewlett-Packard GmbH (hereinafter referred to as Hewlett-Packard) was granted on 31 March 1993 the European patent EP 0 309 596, entitled “pumping…

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Miquel Montañá (Clifford Chance)
Supreme court rejects requesting opinion from ECJ on TRIPS
December 15, 2011

Over the last few years, Spanish Courts have struggled to resolve an avalanche of cases where the core of the discussion was the legal effects of TRIPS on the effects of the Reservation made by Spain…

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Brian Cordery (Bristows)
Schütz (UK) Limited v Werit UK Limited and another [2011] EWCA Civ 1337
December 12, 2011

We revisit this case, not this time regarding the question of what constitutes the ‘making’ of an invention as resolved by the Court of Appeal in March 2011, but with regards to the question of costs…

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