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Justice
Brian Cordery (Bristows)
Judicial harmonisation of European patent law: English Court of Appeal looks to NL & DE judgments when interpreting UK indirect/contributory infringement provisions
November 02, 2010

In Grimme Landmaschinenfabrik GmbH v Scott [2010] EWCA Civ 1110 the English Court of Appeal stated clearly its support for judicial collaboration facilitating de facto harmonisation of patent law in…

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pharma
Miquel Montañá (Clifford Chance)
Mentioning the reference product in order to advertise a generic is considered "unfair" advertising?
November 02, 2010

One of the strategies used by manufacturers of generic drugs to try to capture the market of the "reference product" when the patent protecting the latter expires is to present the generic as a cheap…

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Eleni Lappa (Drakopoulos Law Firm) for
Greece: Patent Licence Rights, Supreme Court (Monomeles Protodikio Athinon), 5 February 2007
November 01, 2010

The question at issue was whether a verbal preparatory agreement between the parties on a patented invention had given rise to a valid license agreement and ensuing entitlement to damages. The…

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Anja Lunze
Magnetischer Drehgeber, District Court Düsseldorf (Landgericht Düsseldorf), 11 May 2010
November 01, 2010

The court held that the plaintiff who is listed as proprietor of the patent in the patent register is allowed to claim both injunctive relief and damages as well as claims to rendering accounts and…

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law
Anders Valentin (Bugge Valentin)
VM Tarm v. Mørch & Sønner A/S, Supreme Court (Højesteret), 12 December 2008
November 01, 2010

The Appellant had obtained both utility model and patent protection for a mechanical invention. The Defendant argued that the subject matter of both rights did not fulfil the novelty requirement,…

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Ivan Marinov (Delchev & Partners)
Gravity Power System, Supreme Administrative Court (Bърховен касационен съд), 11 January 2010
November 01, 2010

Atanas filed a patent application for a 'Gravity Power System'. The Bulgarian Patent Office (BPO) dismissed the application because the claimed invention was not industrially applicable and therefore…

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Daniela Ampollini (Trevisan & Cuonzo)
The Italian Antitrust Authority investigates on Pfizer for abuse of a dominant position by the enforcement of patents
October 29, 2010

The Italian Antitrust Authority (Autorità Garante della concorrenza e del mercato) announced on 26 October that it commenced proceedings against Pfizer following a complaint filed by Ratiopharm…

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Pierre Véron (Véron & Associés)
Calculation of patent infringement’s damages
October 26, 2010

  After a procedure of twenty-odd years, various companies and a natural person were held liable for the infringement of French Patent No. 2 590 192 and European Patent No. …

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Anders Valentin (Bugge Valentin)
Joint hearing of separate patent PI applications in Denmark?
October 25, 2010

In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer's local jurisdiction (bailiff's…

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Infrastructure
Miquel Montañá (Clifford Chance)
"Petty" patents or "Pity" Patents?
October 22, 2010

Like other countries, such as Australia or Germany, a "petty" patent or "utility model" can be obtained in Spain for so-called minor inventions. They present a twofold distinction with regard to "…

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