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Kluwer Patent blogger
CMS Unified Patent Court can't cope with influx of opt-outs
May 12, 2023

Less than three weeks before the planned opening of the Unified Patent Court, a message has been published on its website as a reaction to problems with the content management system, which…

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Aida Tohala (Bristows)
Plausibility post G2/21 – Apixaban in the UK
May 11, 2023

On 4 May 2023, a mere two weeks after the conclusion of the hearing, the Court of Appeal handed down its decision in Sandoz and Teva v BMS. The appeal decision is centred on the question of…

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leuke
Kluwer Patent blogger
Opening ceremony local division Unified Patent Court in The Hague
May 10, 2023

Around 200 judges, patent litigators, patent attorneys, other patent experts, representatives of scientific institutions and companies, government officials, The Hague mayor Jan van Zanen and Dutch…

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Kluwer Patent blogger
Sunny beaches or the dark forests
May 08, 2023

‘The patent community lives today after many dark years in the sunrise period in which owners of patents have to decide if after June 1st, they want to be on the sunny beaches of the UPC or prefer to…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Raytheon Company, EPO
May 05, 2023

From the company name of an appellant alone it can generally not be derived that the appellant does not meet the conditions of Rule 6(4,5) EPC for payment of the reduced appeal fee. This applies even…

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Joachim Henkel (Technical University of Munich)
The Proposed EU Regulation on SEPs (II): Comments on critique
May 04, 2023

In an earlier post I explained the issues that the proposed EU Regulation on SEPs intends to address, and why neither the market nor the courts solve them. Here, I discuss three points of critique…

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Kluwer Patent blogger
UPC platform to practice entry into force functionalities
May 03, 2023

The Unified Patent Court has announced that starting 29 May 2023 external users will be able to practice entry into force (EIF) functionalities on a dedicated CMS platform.  The environment will…

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Nicholas Round (Bristows)
High Court finds prior disclosures in Russia to be non-confidential – AutoStore v Ocado
May 03, 2023

His Honour Judge Hacon handed down judgment in AutoStore v Ocado on 30 March 2023.  The case was atypical in that it had a split trial: the first part of the trial considered whether AutoStore’s…

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Kevin M. Finson (Wolters Kluwer Legal & Regulatory US)
Patent case: Driessen v. Best Buy Co., Inc., USA
May 02, 2023

The Patent Trial and Appeal Board (PTAB) did not err by declining to consider a patentee’s claim construction arguments raised for the first time at oral argument. The holder of a patent for retail…

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Roya Ghafele (OxViews)
FRAND Determination is Center Stage in EC Proposed Standard Essential Patents Regulation
April 27, 2023

The Standard Essential Patents (SEPs) Regulation Proposal also known as the IP Action Plan formally issued by the European Commission today suggests groundbreaking changes to the standard essential…

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