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Kluwer Patent blogger
UPDATE: FCC ruling in UPCA case expected 'within the next few months'
February 19, 2020

The Federal Constitutional Court (FCC) in Germany expects a ruling in case 2 BvR 739/17, concerning the complaint against German ratification of the Unified Patent Court Agreement 'within the next…

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James Prankerd Smith (GJE Intellectual Property)
Admissibility of late inventive step attacks at the EPO
February 19, 2020

Two decisions T 0184/17 and T 0603/14 were recently issued concerning admissibility of late inventive step attacks on appeal.  Both cases were decided under the old Rules of Procedure of the Boards…

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Miquel Montañá (Clifford Chance)
Valencia Court of Appeal applies the "doctrine of equivalents" in jamonero dispute
February 17, 2020

In Odiorne v. Winkley (1814), Harvard professor Joseph Story, then sitting as a Judge at a Circuit Court of the District of Massacusetts, upon being called to decide whether a machine infringed a…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Tomra Sorting Ltd. vs. Kiremko B.V., Netherlands
February 17, 2020

The provisions judge determined that there was a serious chance that the patent of Tomra on a self-sealing pressure release apparatus was invalid and thus did not grant a preliminary injunction to…

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Anders Valentin (Bugge Valentin)
The Danish Maritime and Commercial High Court dismisses claim regarding preliminary injunction with extraterritorial effect
February 12, 2020

On 20 December 2019, The Danish Maritime and Commercial court ruled in a preliminary injunction case regarding a patented rat barrier. The plaintiff claimed that the defendant should be prohibited…

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Sara Moran
Patent case: Napp Pharmaceutical Holdings Ltd v Dr Reddy's Laboratories Ltd, UK
February 11, 2020

The Court held that it had no jurisdiction to grant fortification of a cross-undertaking for damages where the injunction had been discharged. Further, the Court held that even if it had jurisdiction…

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Brian Cordery (Bristows)
IPCom v Vodafone: The Excuse? Crown Use!
February 07, 2020

by Ben Millson IPCom’s latest foray into standard essential patent litigation has reached a surprising outcome at first instance; its patent was held valid, essential and infringed in amended form by…

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Kluwer Patent blogger
'The signs are ominous' for the UK's participation in the Unified Patent Court
February 05, 2020

It’s been almost four years since the United Kingdom voted to leave the European Union and debates started among patent specialists what consequences this would have for the UK’s role in the Unitary…

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Brian Craig (Wolters Kluwer Legal & Regulatory US)
Patent case: SIPCO LLC v. Emerson Electric Co., USA
February 03, 2020

The Board’s inter partes review decision declaring unpatentable a system that monitors and controls remote devices was reversed. Based on improper claim construction, the U.S. Court of Appeals for…

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Kluwer Patent blogger
EPO: a machine cannot be an inventor
January 29, 2020

The inventor designated in a European patent has to be a human being and not a machine. That is the core message of two recent EPO refusals of patent applications in which an AI system was designated…

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