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Miquel Montañá  (Clifford Chance)
Spain: Accord and Sandoz vs Astrazeneca, Supreme Court of Spain, First Civil Law Chamber, 334/2016, 20 May 2016
September 26, 2017

For the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the "objective technical…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Cablz, Inc. v. Chums, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1823, 12 September 2017
September 26, 2017

Substantial evidence supported a Patent Trial and Appeal Board decision finding a patent for an eyewear retention device unpatentable as obvious, the U.S. Court of Appeals for the Federal Circuit has…

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Kluwer Patent blogger
'Good progress' and 'delay' for the Unified Patent Court
September 21, 2017

The Preparatory Committee of the Unified Patent Court has been making 'good progress' regarding the ratification of the UPCA.  In an update posted on its website today, the Preparatory Committee…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court confirms that "ex post facto" mosaics will not do the trick
September 18, 2017

When analysing inventive activity, one risk that appears to be here to stay is that of hindsight. As Richard Ebbink very aptly put it in a workshop held at the INGRES Institute in Zurich on 8 and 9…

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Kluwer Patent blogger
‘Future judges of the Unified Patent Court will be very motivated to make the court work’
September 14, 2017

In the first period of functioning of the Unified Patent Court, the judge-rapporteur – who has important powers in the new system – should as much as possible revert issues to the panel of judges as…

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Kluwer Patent blogger
German complaint against Unified Patent Court Agreement: deadline for submitting views is end of October
September 12, 2017

In its research concerning the complaint that was filed against ratification of the Unified Patent Court Agreement, the German Federal Constitutional Court (FCC) gave a series of mainly German…

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Kluwer Patent blogger
Constitutional Court asks for comments on German complaint against Unified Patent Court Agreement
September 06, 2017

The Federal Constitutional Court in Germany has started investigating the constitutional complaint that was filed earlier this year against the German ratification of the Unified Patent Court…

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John Collins  (Clayton Utz) , Sumer Dayal  (Clayton Utz)
Australia’s Federal Government has its say on the Productivity Commission's Report on IP Arrangements
September 04, 2017

The Productivity Commission released its final report into Australia’s IP arrangements in December 2016 (covered in our post earlier this year, ‘IP Rights vs IP Wrongs’).  Now, the Australian…

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Thomas Musmann  (Rospatt Osten Pross)
Federal Supreme Court Confirms Compulsory License by Way of a Preliminary Injunction
August 31, 2017

In March our partner Hetti Hilge reported on a preliminary injunction by which the Federal Patent Court granted Merck an interlocutory compulsory license for Merck’s HIV drug Isentress in the light…

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Kluwer Patent blogger
Lithuania ratifies Unified Patent Court Agreement
August 30, 2017

Lithuania completed the ratification formalities of the Unified Patent Court Agreement on 24 August 2017 by depositing its instrument of ratification with the secretariat of the EU Council in…

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