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Roberto Rodrigues Pinho , Luiza Cotia , Yasmin Kronemberger  (RNA Law)
Brazil – Rules surrounding access to genetic resources
September 30, 2024

As one of the most biodiverse countries in the world, Brazil has long been a natural research powerhouse. In fields such as pharmaceuticals, it is common to study the genome of plants, animals and…

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Bart van Wezenbeek  (Hoffmann Eitle)
Patent case: Regeneron Pharmaceuticals Inc. vs. Amgen, Inc., UPC
September 26, 2024

When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but rather determines the technical meaning of the terms used with the aid of the…

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Matthieu Dhenne  (Dhenne Avocats)
Biosimilars: new rejection of an application for preliminary injunction by a UPC German local division (omalizumab)
September 25, 2024

Is Germany no longer the Eldorado for preliminary injunctions (“PI”) applicants? Whatever the answer to this question, the UPC local division of the most famous German patent forum (i.e., Düsseldorf…

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Matthieu Dhenne  (Dhenne Avocats)
Strict interpretation of the patentability of dosage inventions under French law
September 23, 2024

While the patentability of further medical use claim defined by a dosage regimen used to be ruled out, the EPO's Enlarged Board of Appeal has accepted them since decision G 2/08 in 2010. This…

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Roberto Rodrigues Pinho , Rhuan Quintanilha , Rodrigo Mourao  (RNA Law)
BRAZIL: protection of software and computer-implemented innovations
September 23, 2024

Software-driven innovations have become so embedded in our daily lives that almost every single activity we perform has some degree of interaction with them. The massive presence of software-related…

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Bart van Wezenbeek  (Hoffmann Eitle)
Patent case: DexCom, Inc. vs. Abbott, UPC
September 18, 2024

In a second case between DexCom and Abbott, DexCom claimed against Abbott for infringement of a divisional patent by its glucose monitoring system. However, Abbott, in a similar fashion as with the…

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Eden Winlow  (Bristows)
Scanning for signs of infringement at the UPC: First PI granted on the basis of indirect infringement by Munich Local Division
September 12, 2024

On 27 August 2024, the Munich Local Division awarded a preliminary injunction (‘PI’) in an action brought by Hand Held Products against Scandit for infringement of EP3866051 (“Mobile computer…

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Roberto Rodrigues Pinho , Brenno Telles , Dara Offrede  (RNA Law)
Brazil - Digital Health and patent enforcement
September 09, 2024

The first Over-the-Counter Continuous Glucose Monitor (CGM) ever cleared in the United Stated by the FDA was launched by Dexcom. The Stelo Glucose Biosensor System (commercial name) has been cleared…

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Roberto Rodrigues Pinho , Luiza Cotia  (RNA Law)
BRPTO publishes new workflow for patent examination in appeal stage
September 03, 2024

The BRPTO published on August 28, 2024, Appeal Board Ordinance #4, a rule intended to provide internal guidelines for the examiners responsible for analyzing appeals of patent applications, the so…

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Matthieu Dhenne  (Dhenne Avocats)
Is UPC hostile to pharmaceutical patents?
September 02, 2024

Reading the title of this paper, perhaps you will smile, thinking about all the discussions that this issue has already ignited, even before the UPC came into force. Since the beginning, most…

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