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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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Kluwer Patent blogger
Reactions to UPCA ratification bill Germany: ‘London can delay plan B for a UP system without the UK’
July 18, 2020

Full support for the Unified Patent Court Agreement, complete rejection, long lists with points of concern. The German government has published the reactions to its consultation on the new draft…

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Kluwer Patent blogger
European Commission would welcome swift German ratification of Unified Patent Court Agreement
July 16, 2020

The European Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. Commissioner Thierry Breton for the Internal Market has written this in answer to…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
Patent case: B/E Aerospace Inc. v. C&D Zodiac Inc., USA
July 14, 2020

The PTAB did not err in finding that airplane interior designers would have been motivated to combine prior art to arrive at the space-saving configuration disclosed by the challenged patents.…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
BREAKING NEWS: CJEU reverses Neurim and completely abolishes SPCs for new therapeutic applications in Santen judgment (C-673/18)
July 09, 2020

The question whether SPCs should be available for new therapeutic applications of previously approved active ingredients has been a matter of debate ever since the SPC Regulation for Medicinal…

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