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Miquel Montañá (Clifford Chance)
Barcelona Court of Appeal publishes interesting judgment addressing the scope of estoppel
July 11, 2019

One of the principles inherited from Roman law is that "venire contra factum propium non valet". In civil law countries such as Spain, this principle is normally labelled as the "doctrine that…

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Adrian Crespo (Clifford Chance)
Patent case: Corning v Electroson, Spain
July 10, 2019

In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: HE Licenties B.V. vs VG Colours B.V., Netherlands
July 09, 2019

A patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered. When a European patent is…

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Kluwer Patent Blog
Top 3 Posts of the Spring from our IP Law Blogs
July 04, 2019

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…

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Kluwer Patent blogger
European Patent Office publishes Strategic Plan 2023
June 28, 2019

The Administrative Council of the European Patent Office unanimously adopted the EPO’s Strategic Plan 2023 during the AC meeting earlier this week in Munich. According to an announcement published on…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Accord Healthcare Ltd. vs. Shire-NPS Pharmaceuticals Inc., Netherlands
June 27, 2019

The Court held that a selection invention is inventive if the compound of the selection offers surprisingly advantageous or improved properties over the prior art compounds. These properties should…

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Thorsten Bausch (Hoffmann Eitle)
Earlier Start of International Preliminary Examination
June 26, 2019

As of 1 July 2019, Rule 69.1(a) PCT will be amended to provide for the International Preliminary Examining Authority to start the international preliminary examination upon receipt of the demand,…

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Arnie Clarke, Harriet Crawford (GJE Intellectual Property)
Examination delays can be a substantial procedural violation
June 24, 2019

Late in 2018, Board 3.5.07 issued two decisions on appeals from Examining Division decisions, in which the length of the examination procedure was excessive.  The Board decided that such delays can…

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Kluwer Patent blogger
No strike, little progress in restoring social peace at the European Patent Office
June 24, 2019

A strike at the EPO, which was to be held during the meeting of the Administrative Council in Munich later this week, has been called off. The EPO’s trade union SUEPO had submitted a call for a…

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Rik Lambers (Brinkhof)
The Pemetrexed Pendulum Swings Back
June 21, 2019

Pemetrexed, yet again: last Wednesday the District Court of The Hague, swimming against the current and after a deep dive in the prosecution file, decided that Fresenius did not infringe Eli Lilly's…

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