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Brian Cordery  (Bristows)
Arnold J refers question to the CJEU on Article 3(d) of the SPC Regulation and calls for clarifications on past CJEU jurisprudence
January 16, 2017

by Steven Willis In a judgment handed down at the end of last week, Arnold J has indicated his intention to make a reference to the CJEU concerning the interpretation of Article 3(d) of the SPC…

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Kluwer Patent blogger
Unified Patent Court will become operational in December 2017
January 16, 2017

The Preparatory Committee for the Unified Patent Court (UPC) expects the court to become operational in December of this year, with the Provisional Application Phase (PAP) starting by the end of…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: V-förmige Führungsanordnung, Federal Court of Justice of Germany, X ZR 76/14, 23 August 2016
January 11, 2017

In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Sonix Technology Company, Ltd. v. Publications International, Ltd, 5 January 2017
January 11, 2017

A federal district court erred in ruling that 34 claims of a patent on a system and method of using a graphical indicator were invalid as indefinite, the U.S. Court of Appeals for the Federal Circuit…

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Lars de Haas  (V.O.)
EPO: T 1689/12, European Patent Office, Board of Appeal, 5 October 2016
January 11, 2017

Although it did not admit a broader claim 1, an EPO board of appeal allowed an auxiliary request wherein claim 1 as granted was replaced by a combination of independent claims from different first…

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Kluwer Patent blogger
2017: Finally the final steps towards the Unitary Patent system?
January 10, 2017

Will 2017 be the year that the Unitary Patent system sees the light of day? A year ago the general expectation was for the system to fully launch this spring, with a provisional period starting late…

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Miquel Montañá  (Clifford Chance)
Patent judges of Barcelona prepare for the 2017 Mobile World Congress
January 09, 2017

The Mobile World Congress ("MWC") is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their…

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Jody Coultas  (CCH)
USA: Samsung Electronics Co., Ltd. v. Apple Inc., Supreme Court of the United States, No. 15-777, 6 December 2016
January 04, 2017

In a unanimous decision, the Supreme Court reversed and remanded a Federal Circuit decision upholding a jury’s award of damages to Apple Inc. based on infringement of its design patents by Samsung…

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Kluwer Patent blogger
Brexit and EPO unrest in top ten of most popular posts Kluwer Patent Blog in 2016
January 01, 2017

Not surprisingly the Brexit and its consequences for the Unitary Patent system, but also the continuing social unrest at the European Patent Office were among the most popular topics on the Kluwer…

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Daniela Ampollini  (Trevisan & Cuonzo)
The Italian Supreme Court on the patentability of chemical intermediates and infringement by equivalents, i.e. how to lose another occasion to get it right.
December 31, 2016

By decision no. 1651 of 14 October 2016 (publication reference: 24658/2016), the Italian Supreme Court put an end to the longstanding litigation between Bayer and the Italian company Industriale…

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