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Miquel Montañá  (Clifford Chance)
Is a Judge that has considered the validity of a patent in one case prevented from also considering its validity in a higher instance?
June 01, 2011

On 26 April 2011, the Supreme Court handed down an interesting decision en banc declaring that a Judge who had confirmed the validity of a patent while sitting on a Court of Appeal is not prevented…

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Daniela Ampollini  (Trevisan & Cuonzo)
The Court of Turin says “no” to the patentability of intermediates.
May 31, 2011

By decision of 14 January 2011, the Court of Turin tackled the issue of the patentability of the intermediate, i.e. the chemical product which represents an obligatory passage of the process of…

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Thomas Musmann  (Rospatt Osten Pross)
The World Patent and the World Patent Litigation System
May 27, 2011

Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced…

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Simon Holzer  (MLL Legal Ltd.)
The Swiss Federal Supreme Court Approves New Dosage Regime as Patentable Subject Matter in Swiss Type Claims under the EPC 1973
May 27, 2011

In a very recently published decision of 4 March 2011 the Swiss Federal Supreme Court dealt with the decision of the Enlarged Board of Appeal 2/08 and approved a dosage regime for a pharmaceutical…

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Kaja Veel Midtbø
Novartis v. Actavis , Oslo District Court (Oslo tingrett), 10 February 2011
May 26, 2011

The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not…

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Sam Tuxford
Schutz v. Werit, Court of Appeal Civil Division, 29 March 2011
May 26, 2011

The Court of Appeal overturned a decision of the High Court and held that the act of replacing Shutz's bottles in Shutz's outer protective cages with Werit's bottles constituted ’ making’  products…

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Brian Cordery  (Bristows)
A lack of time does not make an invention non-obvious
May 20, 2011

In the recent case of Merck v Teva (decision of 8 April [2011] EWCA Civ 382), the English Court of Appeal confirmed that when considering the question of inventive step in light of prior art, it did…

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Miquel Montañá  (Clifford Chance)
What do Court-appointed experts have in common with Caesar's wife?
May 19, 2011

In countries where Judges are not trained in the technical field of the invention, they need experts to help them understand the factual aspects of the case. According to Spanish law, these experts…

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Eike Schaper
Patent enforcement using Customs
May 13, 2011

Customs actions based on the EC Regulation No 1383/2003 are a very effective tool. Also patentees can file an application for border seizure with the national customs authorities to prohibit…

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Thorsten Bausch  (Hoffmann Eitle)
Escitalopram Revisited – Federal Patent Court Rules in Favor of Validity of SPC for Enantiomer over Earlier Marketing Authorization for Racemate
May 13, 2011

After the Federal Court of Justice (Bundesgerichtshof, BGH) had confirmed the validity of the German SPC for the enantiomeric escitalopram (and its underlying patent) in 2009, the Federal Patent…

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