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Miquel Montañá (Clifford Chance)
Actions Against the Threat of Patent Infringement
May 19, 2020

As readers are well aware, when a patent is infringed, the classic remedy to try to restore the status quo is filing a "cessation" action and a "prohibition" action aimed at obtaining an injunction…

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Thomas Musmann (Rospatt Osten Pross)
Primacy of EU Law over National Law – German Federal Constitutional Court Judge Comments On Unified Patent Court Decision
May 18, 2020

by Dr. Simon Klopschinski On February 13, 2020 the German Federal Constitutional Court decided that the German law ratifying the Agreement on a Unified Patent Court is void (see here). In the…

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Kluwer Patent blogger
Enlarged Board of Appeal: plants and animals cannot be patented after all
May 15, 2020

Plants and animals exclusively obtained by essentially biological processes are not patentable. That is the opinion (G 3/19) of the Enlarged Board of Appeal of the European Patent Office (EPO).…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Biolitec Pharma Marketing Ltd. vs. Tobrix B.V., Netherlands
May 13, 2020

Biolitec owns a European patent on an endoluminal laser ablation device which comprises a flexible wave guide (optical fiber) which at the distal end includes a radiation emitting surface to emit…

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Christian Buchholz (Krieger Mes & Graf v. der Groeben)
Patent case: Drahtloses Kommunikationsnetz, Germany
May 07, 2020

The case concerns the transfer of a priority right from an employee to his/her employer and the relevant time zone for determining the priority: 1. The validity of the transfer of rights to an…

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Matteo Mariano (Crowell & Moring)
Legal privilege during saisie-contrefaçon in Belgium – a follow-up
May 04, 2020

This is a follow-up to Jan-Diederik Lindemans’ post of 18 December 2019 discussing the guidelines on legal privilege during saisie-contrefaçon adopted by the Brussels Bar Association (‘BBA’) on 21…

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Kluwer Patent blogger
Settlement for former SUEPO leader, social tensions remain at the EPO
May 01, 2020

Some positive news from the European Patent Office. Former Secretary of SUEPO The Hague and member of the Central Staff Committee Laurent Prunier, who was dismissed in 2016 on dubious grounds by…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
CJEU clarifies the conditions for SPC grant in Royalty Pharma (C-650/17): The "core inventive advance" of the basic patent has no relevance for Article 3(a) of the SPC Regulation
April 30, 2020

With the rendering of the judgment in Royalty Pharma (C-650/17) by the Court of Justice of the European Union today on 30 April 2020, a series of referrals relating to the interpretation of Article 3…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics)
What to expect from the European Commission’s Group of Experts on Standard Essential Patents?
April 30, 2020

Back in 2018 the European Commission appointed a Group of Experts on licensing and valuation of standard essential patents (SEPs). Their report is expected to be released later this year. What to…

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Kristof Roox, Thomas De Meese, Sean-Paul Brankin (Crowell & Moring)
EU Court Of Justice Confirms Approach To Reverse Payment Settlements
April 29, 2020

In its 30 January ruling in Generics (UK) and others v CMA, the EU Court of Justice (CJEU) in effect upheld the existing approach of the European Commission and EU General Court in relation to the…

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