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Thorsten Bausch (Hoffmann Eitle)
Federal Constitutional Court voids the German UPCA Ratification Law
March 20, 2020

Karlsruhe, 20.3.2020 The Federal Constitutional Court (FCC) issued its long-awaited decision in the case 2 BvR 739/17 on the constitutional appeal of Dr. Stjerna about the compatibility of the German…

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Justice
Ben Millson, Katie Cambrook (Bristows)
Evalve v Edwards Lifesciences [2020] EWHC 513 & 514 (Pat): The Limits of Public Interest
March 19, 2020

On Friday 13 March 2020, Birss J handed down a pair of judgments in the litigation between Evalve (a member of the Abbott group of companies) and Edwards Lifesciences, a veteran of UK patent…

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Kluwer Patent blogger
Crucial decision on German constitutional complaint against UPCA to be published on Friday
March 18, 2020

The Federal Constitutional Court in Germany has announced it will publish its decision on the constitutional complaint against German ratification of the Unified Patent Court Agreement (UPC) (case 2…

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Sara Moran
Patent case: E. Mishan v Hozelock Limited, United Kingdom
March 13, 2020

The Patents Court found Emson's patents for an expandable garden hose obvious in light of a piece of prior art relating to a self-elongating hose for supplying oxygen to an oxygen mask for aviation…

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Laurence Lai (Simmons & Simmons LLP)
EPO to offer new refund rates for appeal fee
March 12, 2020

The EPO’s biennial fee increases come into force on 1 April 2020 and include a 20% hike of the appeal fee. At the same time, new appeal fee refund provisions are being introduced through an amendment…

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Kluwer Patent blogger
Parliamentary committee asks UK government to clarify position on Unified Patent Court
March 11, 2020

A parliamentary committee in the UK has asked the government to clarify its position on the Unified Patent Court (UPC). Although late February the office of Prime Minister Boris Johnson confirmed to…

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Volker Tillmann (Hoffmann Eitle)
Patent case: Fahrradkomponenten-montiervorrichtung, Germany
March 11, 2020

Prior art that requires fundamental reconfiguration of the disclosed solution to end up with something falling under the scope of protection of a claim cannot normally render the claimed subject…

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Vaishali Mittal (Anand and Anand)
One more blow to those misinterpreting the Enercon decision of the Supreme Court - infringement lies despite a pending post grant
March 09, 2020

Recently the Hon’ble Delhi High Court in its judgement of CDE Asia Limited v. Jaideep Shekhar and Anr. CS (COMM) 124/2019 has interpreted and clarified the observations made by the Hon’ble Supreme…

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Thorsten Bausch (Hoffmann Eitle)
News from and about Eponia
March 05, 2020

While real news about one of the most popular topics of this blog, i.e. the UPC, is rare and no one following our blogs regularly (see e.g. 2016, 2017, 2018 and 2019) should be greatly surprised…

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Kluwer Patent blogger
UK backs out of the Unitary Patent system – a blow, the end of it, or just tactics?
March 03, 2020

The announcement of the UK government that it won’t participate in the Unitary Patent system has sent a shock wave through the European patent community. One issue is obvious from the reactions to…

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