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Christian Buchholz (Krieger Mes & Graf v. der Groeben)
Patent case: Fesoterodinhydrogenfumarat, Germany
August 25, 2020

In this decision, the German Federal Court of Justice deals with a number of practical issues concerning service inventions by German employees. In particular, it ruled on what must be contained in…

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Bashar H. Malkawi (University of Sharjah (UAE))
Managing the Nexus between Patent Pools and Competition in Light of the COVID-19 Pandemic: The Case of the UAE
August 19, 2020

The reasoning to develop a strong patent regime is an old and straightforward one. Research and development (R&D) requires incentive and strong intellectual property regime provides that…

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Thorsten Bausch (Hoffmann Eitle)
The EPO and User Friendliness
August 17, 2020

Searching the EPO’s website for the terms “user-friendly” and/or “user friendliness” will result in your screen being flooded by hits describing the remarkable achievements and ongoing efforts by the…

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Elizabeth McAuliffe (Bristows)
The skilled person - Lufthansa Technik AG v Astronics Advanced Electronic Systems
August 03, 2020

Mr Justice Morgan handed down judgment on 22 July 2020 ([2020] EWHC 1968 (Pat)) in relation to two patent infringement actions brought by Lufthansa which were heard together.  The first infringement…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Silife Ltd. et al. vs. Roka Beheer B.V. et al., Netherlands
July 28, 2020

The Court of Appeal of the Hague held that entering into a second exclusive licence contract is possible, but the failure to end the first contract in the present case constituted unlawful behaviour…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics), Marc Mimler (Bournemouth University)
Another CJEU ruling on standard-essential patents and FRAND looks inevitable
July 27, 2020

Cars and other motor vehicles operate such sophisticated communication technologies that today they operate almost like “smartphones on wheels”. This dependency on electronic communication means auto…

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Brian Cordery, Rachel Mumby, Alex Calver (Bristows)
Aerospace to garden hoses: differing opinions in the English Court of Appeal as to obviousness over obscure prior art.
July 21, 2020

Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas…

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Miquel Montañá (Clifford Chance)
The UK Supreme Court on pemetrexed: judicial colonialism or a step towards harmonization?
July 20, 2020

On 9 June 2020 Barcelona Commercial Court no. 4 issued a decision rejecting the opposition filed by a company (the "Defendant") against a decision of 2 September 2019 from the same Court that had…

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Kluwer Patent blogger
UK withdraws ratification of the Unified Patent Court Agreement
July 20, 2020

The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee. Apart…

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Thorsten Bausch (Hoffmann Eitle)
The German UPCA Ratification – at Schweinsgalopp towards Mautdebakel
July 20, 2020

As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words,…

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