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Jiří Slavík (European Patent Attorney | Director IP at Adalvo)
Analysing the use of the SPC waiver provisions and its reach outside the EU
October 17, 2022

Just over 2 years after the SPC waiver Regulation (EU) 2019/933 (amending the Regulation (EC) No 469/2009) entered into force (1 July 2019), and only a few months after the end of the transitional…

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Kluwer Patent blogger
UPC: More information about access to new CMS
October 12, 2022

The Unified Patent Court has provided more information about the new authentication mode and electronic signature, which are necessary to access the CMS of the new court.  As is explained in a…

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Kluwer Patent blogger
BREAKING: An official date! Unified Patent Court will open its doors on 1 April 2023
October 07, 2022

The Unified Patent Court will finally become a reality, open its doors and start to receive cases from 1 April 2023. This is announced in the implementation roadmap, which was published yesterday by…

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Kluwer Patent blogger
Introduction new CMS Unified Patent Court delayed
October 05, 2022

The Unified Patent Court has postponed the introduction of a new login process for its content management system, based on a strong authentication schema, to the end of October.  Late August,…

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Thorsten Bausch (Hoffmann Eitle)
First Decision on the German Proportionality Defense in a Pharma Case
October 01, 2022

The so-called proportionality defense according to Sec. 139(1) clause 3 (hereinafter simply "proportionality defense") is one of the newest provisions of the German Patent Act. It has only been…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
Japan: Guidelines for a Transparent and Predictable SEP Licensing Negotiation
September 30, 2022

On March 31, 2022, the Ministry of Economy, Trade and Industry (METI) publicized the “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses” (hereinafter, the “METI Guidelines”).…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Canon Kabushiki Kaisha vs. Nickel, A., EPO
September 26, 2022

In a case where the patent is not opposed in its entirety, the opposition being directed at certain claims only, and where the Opposition Division decides that all of the proprietor's requests in…

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Charlotte Jacobsen, Emily M. Whitcher (Gibson, Dunn & Crutcher LLP)
Loose Lips Sink Ships: Two Recent District Court Decisions Highlight Some Limits Of The Common Interest Doctrine Both During And In The Settlement Of Patent Litigation
September 23, 2022

The U.S. Federal Rules of Civil Procedure allow parties to obtain discovery regarding any matter that is relevant to a party’s claim or defense. One important caveat to this general principle is that…

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Miquel Montañá (Clifford Chance)
Supreme Court holds that experts from the Administration cannot be a judge in their own cause
September 20, 2022

On 17 February 2022, the Administrative Chamber of the Spanish Supreme Court handed down a very interesting judgment setting out legal doctrine on the legal value of expert opinions from the…

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Matthieu Dhenne (Dhenne Avocats)
OPPO’s New FRAND Order: "You got your injunction? Well, I quit" (French perspective)
September 16, 2022

I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented…

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