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Anonymous
Cinch-Stecker (Cinch-Plug), Federal Court of Justice (Bundesgerichtshof), 5 April 2011
October 12, 2011

The proprietor of a patent who has granted an exclusive license to a third party, has the right - in case of patent infringement - to assert its own claims against the infringer if said proprietor…

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Anonymous
Polschuhbleche (Dringlichkeit im Besichtigungsverfahren), Court of Appeal Düsseldorf (Oberlandsgericht Düsseldorf), 17 March 2011
October 12, 2011

"Danger of delay" is not a requirement for the issuance of an ex parte inspection order. The inspection order need not to be filed immediately after the patent owner has acquired knowledge that the…

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Anders Valentin (Bugge Valentin)
should costs be awarded for patent attorney assistance in patent litigation?
October 11, 2011

Although plans appear to be underway to establish a centralised enforcement court for patents in Denmark, the current position is that a patentee enforcing his or her rights, must turn to the local…

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Daniela Ampollini (Trevisan & Cuonzo)
Generics can be sued in the courts of the pharmacies, says the Court of Turin
October 11, 2011

A recently published decision of the Court of Turin in the case Merck Sharpe & Dohme versus Sandoz (decision of 7 April 2011), concerning dorzolamide hydrochloride timolol maleate eye drops,…

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Pierre Véron (Véron & Associés)
The gathering of evidence abroad in support of French infringement proceedings
October 11, 2011

The Swiss company Bobst (hereinafter referred to as “Bobst”) is the holder of European patent No. 1 170 228 relating to a “device for controlling the means for feeding sheets in a…

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Brian Cordery (Bristows)
Expedited Trials in English Patent Actions – HTC v Apple (judgment of Arnold J on 19th September 2011)
October 06, 2011

The smartphone wars appear to be continuing unabated in much of the developed world. In July 2011, Apple commenced infringement proceedings against HTC in Germany in respect of three patents (two in…

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Research
Simon Holzer (MLL Legal Ltd.)
Breaking news: New Swiss Patent Court's regulations and guidelines online
October 03, 2011

The gentle reader of this blog knows that on January 1, 2012 the new Federal Patent Court will take up work in Switzerland. As Switzerland's court of first instance in matters dealing with patents,…

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Thomas Musmann (Rospatt Osten Pross)
You Shall Not Lie - Part 2 -Courts Can Get Nasty
September 30, 2011

Part 1 of the drama with the title "You Shall not Lie" is covered by a previous post.Part 2 has been briefly summarized two weeks ago by Miriam. It appeared to me that the potential consequences of…

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Pierre Véron (Véron & Associés)
On the use and abuse of saisie-contrefaçon
September 26, 2011

Vetrotech Saint-Gobain (International) (hereinafter referred to as “Vetrotech”) is the holder of European patent No. 0 620 781 designating France, filed on 5 August 1993 and granted on 19 May 1999,…

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Miquel Montañá (Clifford Chance)
Should national nullity proceedings be stayed until parallel EPO opposition proceedings are resolved?
September 22, 2011

As the readers will know, the complex architecture of the European patent system allows third parties to challenge the validity of a patent by filing an opposition before the European Patent Office…

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