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Ivan Marinov  (Delchev & Partners)
Vitreo v. Bulgarian Patent Office, Supreme Administrative Court (Върховен Административен Съд), 25 January 2010
November 29, 2010

Vitreo's patent application for 'means for application of a vitreous body for the purposes of prevention and medical treatment of ophthalmic disorders' was denied by the patent office, because the…

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Daniela Ampollini  (Trevisan & Cuonzo)
Preliminary technical assessment in Italian patent cases
November 26, 2010

In Italy, patent cases are heard by judges of the IP Chambers of 12 district courts distributed in the Italian territory. Italian judges are therefore IP specialists, but they have a merely legal,…

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Thomas Musmann  (Rospatt Osten Pross)
Protection of Technical Products after Expiration of the Patent
November 24, 2010

Patent protection for technical products expires after 20 years. However, there is no rule without exception. In its recent decision "Femur-Teil"(judgement of 15 April 2010, I ZR 145/08), the German…

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Miquel Montañá  (Clifford Chance)
Can obtaining a price for a generic medicament be considered an act of unfair competition?
November 23, 2010

Under Spanish law, when the first generic version of a medicament of reference (i.e. original medicament) is authorized, the setting of the price of the generic triggers the inclusion of the…

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Anders Valentin  (Bugge Valentin)
Denmark - Are lengthy patent PI hearings a red herring?
November 19, 2010

Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff's…

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Brian Cordery  (Bristows)
The transfer of proceedings under the new Patents County Court regime
November 18, 2010

As previously reported, the Patents County Court was re-launched on 1 October 2010 under the auspices of His Honour Judge Birss QC. The issue of transferring proceedings between the Patents Court of…

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Sam Tuxford
Novartis v. J&J, Court of Appeal Civil Division, 29 September 2010
November 15, 2010

The Court of Appeal upheld the High Court's finding that Novartis' patent for ophthalmically compatible extended wear contact lenses was invalid for insufficiency. The Court of Appeal held that the…

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Peter Burgers  (Brinkhof)
AGA v. Occlutech, Court of Appeal The Hague (Gerechtshof Den Haag), 19 October 2010
November 15, 2010

The Court of Appeal confirmed the First Instance Court decision and held that Occlutech's devices do not infringe AGA's patent regarding septal occlusion devices, which feature braided metal strands…

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Klaas de Vries
Bayer v. Abbott, Court of First Instance Amsterdam (Rechtbank Den Haag), 20 October 2010
November 15, 2010

The District Court of The Hague declares the Dutch part of Bayer's European Patent covering Anti-TNF alpha human monoclonal antibodies invalid. The Court considers that the patent covers high…

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Eleni Lappa  (Drakopoulos Law Firm)
Palaiochorinos S.A. v. Papanastasiou, Court of Appeal Thessaloniki (Εφετειο Θεσσαλονικης), 20 February 2009
November 15, 2010

The Thessaloniki Court of Appeal held in nullity proceedings that the patent, covering ornamental light devices, lacked both novelty and inventive step. The patented subject matter was found to be…

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