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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
Patent case: Thryv, Inc. v. Click-to-Call Technologies LP, USA
August 01, 2022

Expanding on its 2016 Cuozzo decision, the U.S. Supreme Court holds that the "no appeal" provision of 35 U.S.C. § 314(d) precludes judicial review of the agency’s application of Section 315(b)’s time…

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Roberto Rodrigues Pinho , Brenno Telles  (RNA Law) , Felipe Mesquita  (Licks Attorneys)
New Patent Bill for Brazil
July 27, 2022

On July 14, a Brazilian Congressman Mr. Alexis Fonteyne presented a Patent Bill proposing key amendments to the Patent Statute (Law No. 9,279 of 1996). The proposal represents an important…

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Selin Sinem Erciyas , Aysel Korkmaz Yatkın  (Gün + Partners)
A Milestone Decision on the Patentability of Second Medical Use Claims
July 26, 2022

As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is…

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Eden Winlow  (Bristows)
Getting a telehandle on the issues of obviousness and equivalence – Bamford v Manitou
July 21, 2022

Introduction In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by…

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Miquel Montañá  (Clifford Chance)
The role of the objective technical problem resulting from prosecution in determining the scope of protection
July 20, 2022

As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account…

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Roberto Rodrigues Pinho  (RNA Law) , Felipe Mesquita  (Licks Attorneys)
Brazil: TRIPS waiver and Compulsory license
July 20, 2022

In September 2021, Brazilian Congress passed a law changing the compulsory licensing landscape as a political answer to the impact of the Covid-19 pandemic. Initially, Congress wanted to include new…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
Patent case: Novartis Pharmaceuticals Corporation. v. Accord Healthcare, Inc., USA
July 19, 2022

Because the patent failed to disclose the absence of a loading dose, the no-loading-dose limitation was without adequate written description support. A divided Federal Circuit panel has reconsidered…

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Kluwer Patent blogger
UPC: Likely opening date March 2023, Milan the new London?
July 15, 2022

The first of March 2023 seems to be a likely date the Unified Patent Court will open its doors. This became clear yesterday during the Unitary Patent Package Conference in Amsterdam. On the same day…

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Kluwer Patent blogger
Unified Patent Court will open doors early 2023
July 14, 2022

The start of operations of the Unified Patent Court can reasonably be expected to occur in early 2023. This was announced on the website of the UPC today.  ‘On 8 July 2022, the Administrative…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 677/2021 of Barcelona Commercial Court no. 5, Spain
July 13, 2022

Barcelona Commercial Court no. 5 - arguably Spain's most active patent court - rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a…

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