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Miquel Montañá (Clifford Chance)
Lost in translation
November 23, 2020

Spain has a well-deserved reputation of being a rather formalistic country when it comes to litigation. For example, according to the Civil Procedure Act, a Spanish translation of documents written…

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Kluwer Patent blogger
UPCA ratification bill progresses in German Bundestag - Academics: UPC not the best solution for Europe and for innovation
November 20, 2020

(UPDATED) The German draft ratification bill of the Unified Patent Court Agreement will be discussed in the crucial legal committee of the Bundestag next Wednesday.  It is one of the issues that…

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Binxin Li, Binxin Li, Chuanshu Xu (Baker & McKenzie FenXun (FTZ)), Leon Li (Baker & McKenzie FenXun (FTZ) Joint Operation Office )
Recent development on SEP disputes in China — anti-suit injunction
November 20, 2020

A recent dispute over standard essential patent (SEP) between Inter Digital, Inc. and its affiliates (collectively "IDC") and Xiaomi Communication Technology Co., Ltd. and its affiliates (…

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Matthieu Dhenne (Dhenne Avocats)
Overview of FRAND litigation in France: is a new era coming?
November 19, 2020

2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. Although the voices of French Judges were still little heard in the midst…

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Rik Lambers (Brinkhof)
The Dutch Cross-Border Still Going Strong: Novartis v Mylan
November 18, 2020

In his (or her) younger years at school, a once to be Dutch patent litigator was learned that the Netherlands share a borders with Germany and Belgium. On the geography maps, they seemed to be set in…

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Roya Ghafele (OxViews)
Insights into Intellectual Property Business Strategy
November 17, 2020

The strategic management of IP requires a new understanding of what IP is and what role it can play in a corporate context. Understanding IP as an internal resource to a firm rather than a negative…

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Simon Holzer (MLL Legal Ltd.), Ulrike Ciesla, Louisa Galbraith (Meyerlustenberger Lachenal Ltd. (MLL))
Does Switzerland need a new patent system with a fully examined patent, utility models and opposition proceedings?
November 15, 2020

On 14 October 2020, the Swiss Federal Council published a preliminary draft of a revised version of the Swiss Patent Act (R-PatA; see current PatA). Further official documents in German/Italian/…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Construction Diffusion Vente Internationale SA vs. Access & Beyond B.V and Alphatronics B.V., Netherlands
November 12, 2020

The appeal court confirmed the decision of the first instance court that CDVI's European patent was invalid due to lack of inventive step. However, the decision raises questions in relation to what…

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Christian Buchholz (Krieger Mes & Graf v. der Groeben)
Patent case: Akteneinsicht XXIV, Germany
November 09, 2020

The FCJ decided that submissions by the parties which are expressly intended for the court only and not for the opposing party may not be included in the court file. As a consequence, they may not be…

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Thorsten Bausch (Hoffmann Eitle)
A few thoughts on trust and judicial independence
November 03, 2020

In these days and times, we are constantly reminded how important and how endangered seemingly simple concepts are such as truth, facts, science and trust. Hannah Arendt, the famous Jewish German-…

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