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Laurence Lai (Simmons & Simmons LLP)
Top 10 changes to the 2019 EPO Guidelines for Examination
October 01, 2019

The European Patent Office has today published an advance preview of its annual update to the Guidelines for Examination which will come into force on 1 November 2019. This year, there have been some…

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Simon Holzer (MLL Legal Ltd.)
Irreparable harm discussion awakens from its slumber in Switzerland
September 29, 2019

In most legal systems, preliminary injunctions in patent matters require the applicant to show that he would suffer an irreparable disadvantage without the approval of the requested preliminary…

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Thorsten Bausch (Hoffmann Eitle)
Functionally defined medical devices at the EPO – is this a thing of the past?
September 28, 2019

By Thomas Becher, German and European Patent Attorney, Hoffmann Eitle From a first read, Decision T 1731/12 may have a tremendous impact on the patenting of medical devices at the European patent…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
Patent case: Henny Penny Corporation v. Frymaster LLC, USA
September 27, 2019

The Board properly found that a person skilled in the art would not be motivated to combine two prior art references and that industry praise supported a finding of nonbviousness. Substantial…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Recordati Ireland Limited, EPO
September 25, 2019

A claim defining a compound as having a certain purity would lack novelty over a prior art disclosure describing the same compound only if the prior art disclosed the claimed purity at least…

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Selin Sinem Erciyas (Gün + Partners)
Turkey: Determination Of Non-Infringement Action Is To Be Rejected If Marketing Authorisation Is Not Granted Yet
September 24, 2019

As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual…

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Eszter Szakács (Danubia Legal)
‘Launch at risk’ – Article 9 (7) of the Enforcement Directive interpreted by the CJEU in C-688/17 (Bayer), concluding that when a patent is subsequently revoked it does not automatically follow that the preliminary injunction was unfounded
September 23, 2019

The injunction gap is a frequently discussed characteristic of those European jurisdictions, Hungary being one such country, whose  patent litigation systems are bifurcated. In a preliminary…

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Brian Cordery (Bristows)
AIPPI Congress 2019 Panel Session 5 - Brexit and IP: An Update
September 20, 2019

By Sarah Blair This panel session provided an update on the current state of play of Brexit and its impact on intellectual property law. The panel’s moderator, Daniel Cheng Yong Lim (Kirkland &…

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Hetti Hilge (Rospatt Osten Pross )
Germany: BGH on scope of prior use right and modifications
September 19, 2019

The Bundesgerichtshof (German Federal Court of Justice, BGH) clarified the scope and limits of a prior use right of a manufacturer and supplier of components of a patented device (BGH, judgment of 14…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: R-Pharm International, LLC, EPO
September 18, 2019

A request for re-establishment should be filed within two months of the date of removal of non-compliance. This date may be the date on which the applicant became aware of the missed due date, even…

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