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Brian Craig (Wolters Kluwer Legal & Regulatory US)
Patent case: Qualcomm Inc. v. Apple Inc., USA
March 05, 2022

The Board incorrectly interpreted Section 311(b)’s “prior art consisting of patents or printed publications” to encompass applicant admitted prior art, but such art may be relevant as an admission.…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Dienst Wegverkeer (RDW) vs. F.J. Römkens, Netherlands
March 02, 2022

Following nullity advice from the Dutch Patent Office, the Dutch administrative body for license plate registration filed the present successful nullity suit against a private inventor in relation to…

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Kluwer Patent blogger
Administrative Committee Unified Patent Court inaugurated
February 23, 2022

The Administrative Committee of the Unified Patent Court has been inaugurated. It will replace the UPC Preparatory Committee, which has so far been in charge of preparations for the new court. An…

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Kluwer Patent blogger
Industrial action at the EPO to demand restoration of fundamental rights
February 23, 2022

Members of the trade union of the European Patent Office, SUEPO, have voted for industrial action, including ‘work to rule’, ‘go slow’, and a strike on 22 March 2022 during the meeting of the…

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Thorsten Bausch (Hoffmann Eitle)
How to save € 676,50 in Desparate Appeal Proceedings?
February 22, 2022

Even the best European Patent Attorneys may occasionally have to represent a client in an appeal case that turns out to be increasingly hopeless, or they are representing the patentee in examination…

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Magnus Dahlman (Gulliksson)
Nothing new under the sun: parallel importers must still prove that it is objectively necessary to replace the original package of medicinal products
February 21, 2022

This post perhaps is a bit off topic since it concerns parallel imports and trademark rights. Nevertheless it could be interesting for the readers since it relates to the the pharma industry.…

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Miquel Montañá (Clifford Chance)
Claiming the ownership of your alleged invention in Spain might cause you sorrow and pain
February 14, 2022

On 27 January 2022, the Spanish Supreme Court handed down a very interesting judgment dealing with a dispute surrounding the ownership of a patent application that claims a system to produce domestic…

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Daniela Ampollini (Trevisan & Cuonzo)
Skinny label insufficient for avoiding infringement of second medical use claims, says the Court of Milan.
February 14, 2022

In another chapter of the enforcement of Novartis’ patents concerning the second and further uses of everolimus for the treatment of several solid tumors (a first post can be viewed here), the Court…

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Anders Valentin (Bugge Valentin)
Either/or – must the patentee chose between a PI or a main action in Denmark?
February 10, 2022

In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first - even though the main action…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
Patent case: Resolution, Poland
February 09, 2022

The resolution addresses the question of when the limitation period starts to run when it comes to claims arising from a continuous (repeated) infringement of industrial property rights. The Supreme…

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