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Nadine Bleach (Bristows)
Optis v Apple: Meade J considers estoppel due to late IPR declarations for SEPs
July 08, 2021

On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the Optis v Apple UK action ([2021] EWHC 1739 (Pat); a link the judgment is here).  This…

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John Collins, Kent Teague, Natalie Coulton (Clayton Utz)
Patent term extensions in Australia: when first isn't really first
July 08, 2021

In a surprising decision, the Federal Court has modified the law of patent term extensions in Australia, by clarifying that it's only the patentee's goods that are relevant to the proposed extension…

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Ananta Saxena (Antonin Scalia Law School, George Mason University)
Compulsory Licensing Australia
July 05, 2021

Legal Analysis  In Australia, the law with respect to compulsory licenses is framed to prevent useful inventions from remaining unworked in Australia. A person who wishes to exploit a patented…

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Kluwer Patent blogger
European Patent Office publishes Annual Review 2020
July 03, 2021

“The Annual Review 2020 shows that demand for European patents remained nearly on a par with last year. The Office received a total of 180 250 European patent applications, 0.7% fewer than in 2019.…

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Lars de Haas (V.O.)
Patent case: T 1148/15, EPO
July 01, 2021

A board of appeal of the EPO held that for the problem-solution approach to inventive step the requirement of the same “purpose or effect" in the criteria for selecting the closest prior art for a…

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Michaela Ring (Hoffmann Eitle)
Patent and design protection not mutually exclusive – “Paper Dispenser” decision of the German Federal Court of Justice
June 29, 2021

The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the…

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Somto Kizor-Akaraiwe (Indiana University-Purdue University Indianapolis )
Saudi Arabia Compulsory Licensing
June 28, 2021

Legal Basis  The legal basis for patent law in Saudi Arabia is contained in Law no. 159 - Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models Law of 2004. The…

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Pamela C. Maloney (Wolters Kluwer Legal & Regulatory US)
Patent case: Yu v. Apple Inc., USA
June 24, 2021

Patent asserted against Apple and Samsung merely claimed the abstract idea of taking two pictures and using those pictures to enhance each other in some way. A district court’s dismissal of…

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Brian Cordery, Emma Irwin (Bristows)
Meade J finds Interface Circuit patent invalid - reminding parties not to be resistant during the pre-action stage
June 23, 2021

As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ.  Despite the challenges that the global…

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Mike Gruber (Hoffmann Eitle)
Changes to the German Patent Act
June 22, 2021

The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new…

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