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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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Lars de Haas  (V.O.)
EPO: T918/14, European Patent Office, Board of Appeal, 2 November 2016
December 29, 2016

The Board of Appeal found that the examining division had committed a substantial procedural violation by raising tentative patentability objections rather than completing an improperly justified…

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Miquel Montañá  (Clifford Chance)
The bumpy road of non-exclusive licensees in Spanish Patent Litigation
December 25, 2016

According to the Spanish Patents Act, as a general rule, non-exclusive licensees do not have locus standi. However, when a third party is infringing the patent, they may require the patent owner to…

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Thorsten Bausch  (Hoffmann Eitle)
My Wishlist for the Upcoming Holidays
December 24, 2016

Christmas is the time of good wishes. Here is my personal wishlist. 1. Peace! 2. That we all consent that there is human dignity and that it is inviolable and independent of race, colour, origin,…

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Kluwer Patent blogger
Germany resumes preparations for Unitary Patent system
December 23, 2016

Germany has resumed preparations for the ratification of the Unified Patent Court Agreement. A draft bill for the implementation of the UPCA was published on 9 December 2016 by Justice Minister Heiko…

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Brian Cordery  (Bristows)
PI maintained against Sandoz’ full-label pregabalin product
December 22, 2016

by Steven Willis Yesterday, the Patents Court handed down yet another decision in the Sisyphean pregablin litigation, this time refusing Sandoz’ application to vary the Order for Injunction which…

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John Collins  (Clayton Utz) , Sumer Dayal  (Clayton Utz) , Nicole Flax  (Clayton Utz)
IP Australia kick starts the draft IP legislation 2017
December 22, 2016

IP Australia has recently published its Exposure Drafts for the Intellectual Property Laws Amendment Bill 2017 and the Intellectual Property Laws Amendment Regulations 2017 for public comment. The…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: Tile Tech, Inc. v. United Construction Products, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1392, 15 December 2016
December 19, 2016

The federal district court in Los Angeles did not err in granting default judgment and a permanent injunction to United Construction Products, Inc. dba Bison Innovative Products on its patent…

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