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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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Adrian Crespo (Clifford Chance)
Patent case: Judgment no. 46/2022 of the Supreme Court, dated 27 January 2022, Spain
September 14, 2022

The Spanish Supreme Court rules in a patent ownership and trade secret dispute where a company had filed a patent application which named as inventor the husband of the company's founder, who had…

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Jonathan Ross (Bristows)
English Courts find the Formstein Defence fits the mould
September 08, 2022

On 24 August 2022, Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court) handed down his decision in Vernacare Limited v Moulded Fibre Products…

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Kluwer IP Reporter
Top 3 posts of the summer from our IP law blogs
September 08, 2022

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP…

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Enrico Bonadio (City St. George’s, University of London), Rishabh Mohnot (National University of Juridical Sciences, Kolkata)
Standard Essential Patents, Global Licensing Approach and the Principle of Territoriality
September 06, 2022

Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK…

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Medical
Matthieu Dhenne (Dhenne Avocats)
Moderna vs. Pfizer & BioNTech: French perspective
September 05, 2022

The news was announced last week: Moderna is suing Pfizer for infringement of two of its patents related to Covid-19 vaccines. These highly targeted actions are likely to spread to many other…

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Kluwer Patent blogger
New CMS Unified Patent Court starts functioning next month
August 30, 2022

The Unified Patent Court has announced a ‘major milestone’ in the implementation of the Case Management System (CMS).  Starting mid or end of September, the CMS login process will be based on a…

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