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Thorsten Bausch  (Hoffmann Eitle)
The EPO and the Problem of the Right Speed (I) - Introduction
April 02, 2017

How long should proceedings before the EPO ideally take? Admittedly, this is a tricky question because various stakeholders will usually have different interests and thoughts as to what the “right”…

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Kluwer Patent blogger
Not Article 50 but provisional application period is main concern PrepCom Unified Patent Court
April 02, 2017

‘The UK will ratify the Unified Patent Court Agreement (UPCA) in March, most likely before the Brexit article 50 is triggered.’ It was only last month this scenario was described by the UPC…

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Kluwer Patent blogger
Minister De Guindos says Spain will not join Unitary Patent system
March 22, 2017

Spain will not join the Unitary Patent system. That became clear today during a session of the Spanish parliament. Earlier this month, the parliamentary committee for economics, industry and…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: Bayer CropScience AG v. Dow AgroSciences LLC, United States Court of Appeals, Federal Circuit, No. 2015-1854, 17 March 2017
March 22, 2017

The federal district court in Wilmington, Delaware, did not abuse its discretion in finding that Bayer CropScience’s infringement suit against agrochemical rival Dow AgroSciences over soybean gene…

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Manuel Wegrostek  (Gassauer-Fleissner Rechtsanwälte GmbH)
Austria: Stromchiffrierung, Supreme Court of Justice of Austria, 4Ob94/16a, 25 August 2016
March 22, 2017

According to sec. 1 para 3 no. 5 Austrian Patent Act, programs for computers are not patentable per se. However a computer program may be patentable if it fulfills the technical character requirement…

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Kluwer Patent blogger
President Battistelli under pressure to improve 'unacceptable' social situation at EPO
March 21, 2017

The Dutch Government has warned the social situation at the EPO will have to improve soon. The International Labour Organisation (ILO) has complained it is not acceptable that over half of the…

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John Collins  (Clayton Utz) , Natalie Shoolman  (Clayton Utz) , Ashley Cameron  (Clayton Utz)
Landmark Federal Court decision sets a new benchmark for damages in patent infringement claims
March 21, 2017

The Federal Court of Australia has handed down its first detailed damages decision in a long time in a patent infringement claim against a generic pharmaceutical company. In doing so, it sets a new…

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Kluwer Patent blogger
Provisional period Unified Patent Court due to start at the end of May
March 16, 2017

The Preparatory Committee of the Unified Patent Court is confident that enough UPC signatory states will have acceded to the Protocol on Provisional Application of the court, in order for this…

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Thomas Musmann  (Rospatt Osten Pross)
Patent Litigation under the “Munich Procedure”
March 15, 2017

As some of you may know, the Munich District Court has a special approach concerning the procedure for patent infringement proceedings since late 2009, called the “Munich Procedure”. The members of…

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Kluwer Patent blogger
Germany, United Kingdom: Preparations on track for the Unitary Patent system
March 14, 2017

Will the Unitary Patent project become operational on 1 December 2017? The UPC Preparatory Committee has warned this date ‘is conditional and provided with the clear disclaimer that there are a…

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