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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: Merck Sharp & Dohme Corp. v. Hospira, Inc., United States Court of Appeals, Federal Circuit, No. 2017-1115, 26 October 2017
November 02, 2017

The federal district court in Wilmington, Delaware, did not err in finding that several claims of a patent for preparing a stable formulation of the antibiotic compound ertapenem owned by Merck Sharp…

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Kluwer Patent blogger
German complaint threatens future Unitary Patent system
November 02, 2017

When will the Unified Patent Court open its doors and the Unitary Patent (UP) become available? The German constitutional complaint against ratification of the Unified Patent Court Agreement (UPCA)…

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Brian Slater  (Kramer Levin Naftalis & Frankel LLP)
Do American Indian Tribal Deals Shield Patent Owners from Inter Partes Review?
November 01, 2017

Allergan’s assignment of the patents on one of its blockbuster drugs to an American Indian tribe in an attempt to dismiss a USPTO inter partes review (IPR) proceeding on “tribal sovereign immunity”…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court interprets Article 70.7 of TRIPS
October 31, 2017

During the past decade, Spanish courts have debated the impact of the TRIPS Agreement ("TRIPS") on patents the applications of which were filed before 7 October 1992, that is, before Spain's…

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Anders Valentin  (Bugge Valentin)
Ground-breaking decision on Gilead’s Tenofovir SPC in Denmark
October 28, 2017

Just as the case has been in other European jurisdictions, Gilead is currently attempting to enforce its (Danish) SPC for the combination of tenofovir disoproxil (as fumarate) and emtricitabine in…

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Nigel Swycher  (Aistemos)
Wolters Kluwer partners with AI analytics company, Aistemos.
October 27, 2017

Kluwer IP Law announced in September that it was partnering with Aistemos, to distribute Cipher Reports, the latest in AI over IP. This is the back story.   Patents date back 400 years, so…

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Rachel Mumby  (Bristows)
A Brave New World?
October 26, 2017

Patent lawyers in the UK have spent the last three months pondering, debating and at times indulging in an element of despair (to put it mildly) about what might be the impact of the judgment of the…

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Adrian Crespo  (Clifford Chance)
Spain: Supreme Court of Spain, Third Contentious-Administrative Law Chamber, 434/2013, 12 June 2013
October 26, 2017

In a Judgment dated 12 June 2013, the Spanish Supreme Court confirmed that it was possible to discriminate between different objective technical problems within the same set of claims. Accordingly,…

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Kluwer Patent blogger
‘EPC, EPO and UPCA lack guarantees for democracy, rule of law and human rights’
October 26, 2017

European states lack awareness of their obligations under the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights and have established associations such as the EPO and…

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Miquel Montañá  (Clifford Chance)
Spain: Safety intravenous catheters war in Spain, Court of Appeal of Barcelona, No. 253/2016, 24 November 2016
October 26, 2017

On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…

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