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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
Japan: MSD v Wyeth - The IP High Court upholds the validity of patent claims, finding inventive step in the functional limitation therein
October 28, 2021

In Japanese patent litigation, calling expert witnesses is very rare and the parties usually try to prove common technical knowledge (CGK) by submitting documentary evidence, such as publications…

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Finance
Sophie Britton (Bristows)
AIPPI Panel Session 10: Anti-suit & anti-anti-suit injunctions
October 27, 2021

This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row.The tenth panel session of the AIPPI Online World Congress…

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Florence Plisner (Bristows)
The English High Court applies German law on EPC 2000 claims in Royalty Pharma v Boehringer
October 26, 2021

On 8 October 2021, His Honour Judge Hacon (sitting as a Judge of the High Court) handed down his decision in an action brought by Royalty Pharma Collection Trust (“Royalty Pharma”) for approximately…

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Kluwer Patent blogger
Slovenia ratifies PPA and Unifed Patent Court Agreement
October 19, 2021

Slovenia has deposited its instrument of ratification for the Protocol on the Provisional Application of Unified Patent Court Agreement and the UPCA itself.  According to a message of the UPC…

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Kevin M. Finson (Wolters Kluwer Legal & Regulatory US)
Patent case: In re Juniper Networks Inc., USA
October 13, 2021

The Wako federal district court abused its discretion in fining that The Western District of Texas was a more convenient form that the Northern District of California. The federal district court in…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Sisvel Int. S.A. vs. Shenzhen Tinno and Wiko SAS, Netherlands
October 08, 2021

In a new chapter of the ongoing saga of Sisvel’s 4G patents against (mainly Chinese) infringers, the present interlocutory decision shows that the procedural attitude of a defendant (in the present…

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Simon Holzer (MLL Legal Ltd.), Louisa Galbraith (Meyerlustenberger Lachenal Ltd. (MLL))
Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or doesn't it?
October 05, 2021

In a recent decision, the Swiss Federal Supreme Court – Switzerland's highest court also in patent matters – dealt with the question of whether the assessment of patent claims is fundamentally a…

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Kluwer Patent blogger
ILOAT cases: EPO repays excessive strike deductions, tensions remain
October 01, 2021

Two months after a series of ILOAT judgments stating that former EPO president Benoit Battistelli abused his power by implementing new rules to restrict the rights of staff members to strike in 2013…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
A Japanese version Amicus Brief system will be introduced in spring 2022
September 30, 2021

On 14 September 2021, the Japan Patent Office (JPO) announced that most of the amendments to the Patent Act and other intellectual property laws, which were promulgated on 21 May 2021, will come into…

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Kluwer Patent blogger
Germany and Slovenia ratify Protocol on Provisional Application Unified Patent Court
September 28, 2021

Germany and Slovenia have ratified the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement.  According to a report of the UPC Preparatory Committee, the German…

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