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Binxin Li, Richard Li (Baker & McKenzie FenXun (FTZ))
China Patent: Supreme People's Court IP Tribunal Affirms Departure From First-To-File Rule Where A First-Filed Declaratory Judgment Action Yields To A Later-Filed Infringement Action
September 28, 2020

In Linklinear Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., [(2019) SPC. IP. Civil. Jur. Fin. No. 2] (November 1, 2019), the IP Tribunal of the Supreme People's Court ("SPC") affirmed a…

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Christian Buchholz (Krieger Mes & Graf v. der Groeben)
Patent case: EPA-Vertreter, Germany
September 21, 2020

The FCJ confirmed that the costs of the participation of a European Patent Attorney (Professional Representative before the EPO) in a patent case before the German civil courts are always recoverable…

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Kluwer Patent blogger
Preparatory Committee: The Unitary Patent system can be functional in a near future
September 11, 2020

The Unitary Patent system can start in the near future. That is one of the conclusions of a meeting held yesterday by the Preparatory Committee of the Unified Patent Court. According to a press…

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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, Monica Ortel (Ropes & Gray LLP)
Adding to the Uncertainty of Obviousness-Type Double Patenting
September 10, 2020

In Immunex Corp. et al. v. Sandoz Inc. et al., the Federal Circuit found that there was no obviousness-type double patenting because there was no “common ownership” of patents under an agreement…

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Roya Ghafele (OxViews)
Many Antagonisms, No Simple Solutions: International Enforcement of Standard Essential Patents
September 09, 2020

As reported on Kluwer Patent Blog,  the Supreme Court of England and Wales issued a key decision in the Case of Huawei and ZTE vs Conversant and Unwired Planet. Both lawsuits pertain to standard…

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Miquel Montañá (Clifford Chance)
That utility model is mine!
September 07, 2020

One of the remedies typically provided by patent law to persons whose inventions have been unduly patented by third parties are actions aimed at claiming ownership of the patent. However, such…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics)
The Mannheim Regional Court refuses CJEU reference in Nokia v Daimler – time for the Commission to investigate?
August 31, 2020

This month the Mannheim Regional Court released a decision (here) in the dispute between Daimler AG, owner of the famous Mercedes-Benz brand, and the Finnish company Nokia (also see our previous post…

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Nicole D. Prysby
Patent case: Association for Accessible Medicines v. Becerra, USA
August 30, 2020

Declarations from generic drug makers alleged only possible future injury from implementation of the 2019 law that created a presumption that so-called "pay for delay" settlement agreements are…

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Alex Latham, Andrew Bowler (Bristows)
Open for Business: UK Supreme Court has final say on SEP licensing
August 28, 2020

The UKSC Unwired Planet & Conversant judgment[1] Background This combined appeal deals with the relationship between patent owners, whose patents are declared essential to certain technical…

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Adrian Crespo (Clifford Chance)
Patent case: Ruling No. 76/2020 of Barcelona Commercial Court no. 4, Spain
August 26, 2020

Another chapter in the pemetrexed saga: Barcelona Commercial Court No. 4 has ruled on infringement in the very first case worldwide concerning pemetrexed diarginine, a salt form of pemetrexed chosen…

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