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David Yucht (Wolters Kluwer Legal & Regulatory US)
Patent case: Huawei Technologies Co. Ltd. v. Iancu, USA
June 09, 2020

Samsung Electronics Co., Ltd.—which had successfully petitioned for IPR—withdrew from the case after Huawei filed its appeal, but the U.S. government intervened to defend the PTAB’s decision.…

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Kluwer Patent blogger
CIPA calls for clarity about artificial intelligence and patents
June 05, 2020

The Chartered Institute of Patent Attorneys (CIPA) in the UK has called for clarity over the patenting of innovations created by artificial intelligence. The issue has drawn a lot of attention lately…

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Roya Ghafele (OxFirst)
Global Patent Strategy over Vaccine Nationalism
June 03, 2020

Emerging Vaccine Nationalism ‘Vaccine nationalism’ could slow the search for a cure for Covid19. [1] The nationalism that prevails in the fight for a Covid19 vaccine is not only overshadowed by the…

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Kluwer Patent blogger
'UPCA should be abandoned and substantive reform at EU level taken up'
June 02, 2020

The March ruling of the Federal Constitutional Court (FCC) in Germany that the German ratification of the Unified Patent Court Agreement (UPCA) was void because it didn’t get the required two-thirds…

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Laurence Lai (Simmons & Simmons LLP)
Book Review: Overview of the Appeal Proceedings according to the EPC, Third Edition
May 29, 2020

The new Rules of Procedure of the Boards of Appeal (RPBA), which came into force on 1 January 2020, will be a cornerstone in helping the EPO’s Boards of Appeal meet their objectives of settling 90%…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Nippon Shokubai Co., Ltd. vs. Basf SE, EPO
May 27, 2020

Nippon Shokubai filed an opposition against the grant of BASF's patent. In relation to the payment they filed EPO Form 2300E, which – erroneously – did not indicate any payment method in box X ‘…

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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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