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2839 results available

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Thomas Musmann  (Rospatt Osten Pross)
Disclosure for enabling is different from disclosure for novelty-test
August 03, 2017

by Bernward Zollner It is often worthwhile to read again former judgments of the German Bun-desgerichtshof. In a judgment of 13 July 2010 – docket no. Xa ZR 126/07 – the court has discussed a patent…

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Kluwer Patent blogger
Estonia ratifies Unified Patent Court Agreement
August 02, 2017

Estonia has ratified the Unified Patent Court Agreement. According to the website of the European Council, it completed the ratification formalities on 1 August 2017.  Estonia joins Austria,…

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Miquel Montañá  (Clifford Chance)
More on Pemetrexed: the new "equivalence" test takes us back to the basics
July 26, 2017

In paragraph 54 of its judgment of 12 July 2017, the UK Supreme Court wrote that "[…] notwithstanding what Lord Diplock said in Catnic [1982] RPC 183, 242, a problem of infringement is best…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: Beschichtungsverfahren, Federal Court of Justice of Germany, X ZR 163/12, 27 September 2016
July 19, 2017

In this case the FCJ considered the question of whether one of the co-owners of an invention is individually entitled to file a patent application for that invention. The Court held that in general…

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Kluwer Patent blogger
IT team Unified Patent Court calls for input on integration users’ systems with CMS of court
July 19, 2017

The UPC IT team has called on business and service providers to provide information about how they want to integrate their systems with the case management system (CMS) of the UPC, and what services…

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Richard Li  (Baker & McKenzie FenXun (FTZ)) , Mingji Piao  (ZY Partners) , Hui Zhang  (Baker & McKenzie)
Determination of Design Patent Infringement in China
July 17, 2017

The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v…

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Kluwer Patent blogger
EU Brexit negotiator says relocation London section UPC will be looked into (UPDATED)
July 16, 2017

UPDATE with quotes of the press conference of Michel Barnier at the bottom of this blogpost Will London’s pharmaceuticals and life sciences section of the Unified Patent Court have to be relocated…

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Brian Cordery  (Bristows)
A return to pith and marrow? The UK Supreme Court comes full circle
July 13, 2017

By Gregory Bacon Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims,…

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Miquel Montañá  (Clifford Chance)
Alimta® - The Spanish angle: English Supreme Court clarifies Spanish doctrine of equivalents
July 12, 2017

When this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word "Spanish" before "Supreme Court", and the blog was…

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Nicolaj Bording  (Kromann Reumert) , Nicolai Lindgreen  (Kromann Reumert)
Denmark: Coloplast A/S obtains preliminary injunction against MBH-International A/S and its Danish distributor OneMed A/S
July 12, 2017

On 30 June 2017, the Danish Maritime and Commercial High Court issued a preliminary injunction against MBH-International A/S' and its Danish distributor's, OneMed A/S, import, offer for sale and sale…

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