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Richard Gillespie (Inventorship)
What's the worst that could happen - Constitutional complaints against the EPO in Germany
January 18, 2020

Patent Attorneys like myself are not known for their love of excitement. For example, I like reading lists. One regrettably exciting item that appears to have slipped off the ‘things to look out for…

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Brian Cordery (Bristows)
Obstruction Ahead! The IPEC decision in Adolf Nissen Elektrobau v Horizont Group
January 17, 2020

by Sarah McFarlane As an early Christmas gift, on 18 December 2019, His Honour Judge Hacon handed down a judgment in the matter of Adolf Nissen Elektrobau v Horizont Group. This case concerned the…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics)
2020 is set to be a crucial year for Standard-Essential Patent litigation in Europe
January 17, 2020

The debate over standard-essential patents (SEPs) is typically distinguished as much by concerns over competition than issues of patent law per se. Erixon argues: ‘…SEP disputes are less concerned…

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Miquel Montañá (Clifford Chance)
Barcelona Courts approve Trade Secrets Protocol that may indirectly impact patent cases
January 16, 2020

Barcelona Commercial Courts have a well-deserved reputation for being dynamic and creative. Not surprisingly, it was Judge Ferrándiz, already retired from the Supreme Court, who back in 1993, when he…

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Derk Visser (EIP)
When is a sub-range novel?
January 13, 2020

The December issue 4|2019 of the journal epi Information contains four interesting contributions to the discussion on the novelty test for sub-ranges as used by the EPO. The EPO has a special novelty…

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Kluwer Patent blogger
EPO and EU Member States call for speedy implementation Unitary Patent and UPC
January 10, 2020

President António Campinos of the European Patent Office, the Chair of the EPO Unitary Patent Select Committee and members of the UPC Preparatory Committee met today to discuss the implementation of…

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Kluwer Patent blogger
The 10 most popular articles in 2019: EPO guidelines, EPO unrest, SPCs and UPC
January 08, 2020

A post on the new guidelines for examination of the European Patent Office tops the list of most popular articles of the Kluwer Patent Blog in 2019. The enduring social problems at the EPO led to a…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment of Barcelona Court of Appeals No. 861/2019 dated 10 May 2019, Spain
December 30, 2019

In a thorough decision, Barcelona Commercial Court (Section 15) clarifies important findings on novelty, inventive step and claim construction. A technical feature disclosed in the prior art will not…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
Patent case: TCL Communication Technology Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, USA
December 28, 2019

Holding bench trial instead of jury trial deprived SEP owner Ericsson of Seventh Amendment rights because trial was held to determine compensatory relief for mobile device maker TCL’s past…

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Thorsten Bausch, Charlotte Richards-Taylor, Arianna Bartolini (Hoffmann Eitle)
There may no longer be Hope in Inventive Step, but Recognizing a Problem may also help
December 27, 2019

As was rightly noted on this blog, the skilled person's "hope" of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the…

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