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Emma Irwin (Bristows)
MSD v Wyeth – The Crucial Role of the Common General Knowledge and Experts in English Patent Litigation
November 02, 2020

On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a…

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Thomas Musmann (Rospatt Osten Pross)
Better Late Than Never – German Liberal Party Files Parliamentary Question on Unified Patent Court
November 02, 2020

By Dr Simon Klopschinski As reported previously on this blog, the German ratification process for the Agreement on a Unified Patent Court (UPC) has been started anew after the Federal Constitutional…

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Sheri A. Wattles-Miller
Patent case: St. Jude Medical LLC v. Snyders Heart Valve LLC, USA
October 28, 2020

St. Jude Medical failed to show that challenged claims of patent owned by Snyders had been anticipated by other patents, nor did it prove that a particular combination demonstrated obviousness.…

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Miquel Montañá (Clifford Chance)
Was the recent skirmish on the TRIPS Agreement and Covid-19 really worth it?
October 26, 2020

As Bob Hudec explained in his legendary The GATT Legal System and World Trade Diplomacy, GATT's (since 1995, WTO) long-standing practice of seeking to adopt decisions by consensus finds its roots in…

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Matthieu Dhenne (Dhenne Avocats)
PEMETREXED patent infringement in France: €28 million in damages for Eli Lilly (“France is back”?)
October 26, 2020

Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly's patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed…

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Kluwer Patent blogger
FFII preparing constitutional complaint against Unified Patent Court Agreement
October 23, 2020

In Germany the re-ratification process of the Unified Patent Court Agreement – which is necessary after the Federal Constitutional Court (FCC) partially upheld a complaint last March and declared the…

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Roya Ghafele (OxFirst)
The Evolution of IP Management
October 20, 2020

Building the Patent Fence The practice of IP management is a recent discipline. Traditionally, IP departments have been run by members of the legal profession. Often, they are under the supervision…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Giesecke+Devrient Currency Technology GmbH vs. KBA-NotaSys SA, EPO
October 19, 2020

If an appeal against a decision of the opposition division to maintain the patent in amended form is filed by both patentee and opponent, but later one of the appeals is withdrawn, the principle of…

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Kaspar Feldmeier (Hoffmann Eitle)
Patent case: Autoantikörpernachweis, Germany
October 12, 2020

The use of a generally available tool (here: reverse sandwich assays) can involve an inventive step if the advantages pursued and provided by the invention do not materialize without further effort…

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Kluwer Patent blogger
German draft UPC ratification bill in parliament, chance of new constitutional challenges
October 09, 2020

Crucial months are ahead for the Unitary Patent project. In Germany the re-ratification process of the Unified Patent Court Agreement is progressing rapidly, but the threat of new constitutional…

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