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Kluwer Patent blogger
Paper EP: CJEU Opinion 1/09 doesn't exclude non-EU member states from UPC
November 07, 2019

The jurisprudence of the Court of Justice for the European Union is not excluding the possibility to allow a non-EU Member State forming part of the UPCA. This is one of the conclusions in ‘EU Patent…

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Daniel Graetsch (Krieger Mes & Graf V. Der Groeben)
Patent case: Case X ZR 47/16, Germany
November 07, 2019

The Federal Court of Justice rejected a joint request by the parties to stay proceedings because of ongoing settlement negotiations. It held that the parties' request had been made too late and was…

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Kluwer Patent blogger
Ingve Stjerna: Examination compatibility UPCA with German and EU law was deficient
November 01, 2019

The compatibility of the Unified Patent Court Agreement (UPCA) and two pieces of draft legislation submitted for its ratification in Germany with the German Constitution was examined only very…

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Arnie Clarke (GJE Intellectual Property)
Shanks v Unilever - A Fair Share At Last
October 30, 2019

The Supreme Court handed down its judgment on 23 October 2019, marking the end of a 13-year struggle between the inventor, Prof Ian Shanks, and Unilever for compensation in relation to an invention…

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Thorsten Bausch (Hoffmann Eitle)
Three Myths Debunked
October 29, 2019

Traveling back from an interesting and lively VPP meeting on a train at dawn through beautiful, lonesome parts of Germany, full of large forests hosting mythical creatures that made it into the fairy…

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Daniela Ampollini (Trevisan & Cuonzo)
Italy: an update on post grant limitations and infringement
October 28, 2019

In another post (here) I have discussed the procedure for seeking post grant limitation in the framework of Italian court proceedings, and the closing line of that post mentioned that another…

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Aysel Korkmaz Yatkın, Maral Büyükkürkçü (Gün + Partners)
Turkey: Conversion of a Non-Examined Patent to an Examined Patent During Court Proceedings
October 24, 2019

A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the…

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George Basharis (Wolters Kluwer Legal & Regulatory US)
Patent case: Bombardier Recreational Products Inc. v. Arctic Cat Inc., USA
October 22, 2019

A jury’s verdict that snowmobile frame patents asserted against Arctic Cat were indefinite and invalid as anticipated or obvious was supported by substantial evidence. A federal district court…

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Adrian Crespo (Clifford Chance)
Patent case: SCA Tissue France SAS, Spain
October 21, 2019

In a complex and interesting validity and infringement case, the Barcelona Court of Appeals (Section 15), Spain's most experienced patent court, tackles a plethora of issues: linguistic…

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Leon Li (Baker & McKenzie FenXun (FTZ) Joint Operation Office ), Binxin Li (Baker & McKenzie FenXun (FTZ))
Emerging Forensics Methods in the PRC
October 18, 2019

Chinese courts heavily rely on evidence to rule a case, and conventionally, notarization is basically the only option when a party collects evidence by itself. However, conventional notarization has…

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