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Kluwer Patent blogger
‘If UK leaves Unitary Patent system, London section of UPC Central Division should go to Milan’
November 23, 2016

The Kluwer Patent Blog received an interesting contribution from the Italian Trade Union of IP Consultants in Italy (SICPI), concerning the relocation of the London section of the UPC Central…

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Kluwer Patent blogger
‘Unitary Patent system is better off with UK, but worthwhile even without the UK’
November 21, 2016

The best way forward for the Unitary Patent system after the Brexit vote of 23 June 2016 is to find a way to keep the UK inside the system. That is the opinion of Francesco Macchetta, director IP of…

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Kluwer Patent blogger
Debate in Dutch Parliament about deteriorating social climate at European Patent Office
November 19, 2016

The parliament in the Netherlands will hold a debate on the ‘deteriorating social situation’ at the European Patent Office. The recent dismissal of a SUEPO trade union leader in The Hague was one of…

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John Collins  (Clayton Utz) , Sumer Dayal  (Clayton Utz) , Natalie Shoolman  (Clayton Utz)
Carving out the principles: a comparative review of the Australia and UK Lyrica cases
November 18, 2016

On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment).  Justice John Nicholas…

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Kluwer Patent blogger
Lithuanian parliament approves ratification bill Unified Patent Court Agreement
November 17, 2016

The unicameral parliament of Lithuania has adopted two laws concerning the future Unitary Patent system. A bill on ratification of the UPC Agreement and a bill on the establishment of a Nordic-Baltic…

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Simon Holzer  (MLL Legal Ltd.)
Side note to "Why not take the shortcut?" The Swiss Supreme Court’s assessment of patent infringement under the doctrine of equivalence
November 17, 2016

In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence. This confusion seems to have…

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Lars de Haas  (V.O.)
EPO: T971/11, European Patent Office, Board of Appeal, ECLI:EP:BA:2016:T097111.20160304, 4 March 2016
November 16, 2016

An EPO board of appeal decided that it had the discretion to admit a late filed document, even though the opposition division had exercised its discretion not to admit the document. In this respect…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: Schoeller-Bleckmann Oilfield Equipment AG v. Churchill Drilling Tools US, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1494, 9 November 2016
November 16, 2016

The Patent Trial and Appeal Board properly found during inter partes review (IPR) that two claims of a patent directed to a mechanism for controlling the operation of a downhole drill string were…

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Valerie Eder  (Gassauer-Fleissner)
Austria: 4 Ob 17/15a, Supreme Court of Justice of Austria, 22 September 2015
November 16, 2016

An invention is considered to involve an inventive step pursuant to Sec 1 Para 1 of the Austrian Patent Act (which corresponds to Art 56 EPC) if it is obvious to the skilled person based on prior art…

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Simon Holzer  (MLL Legal Ltd.)
Why not take the shortcut? The Swiss Supreme Court’s assessment of patent infringement under the doctrine of equivalence
November 15, 2016

In the middle of the turmoil caused by Brexit and the US elections tiny Switzerland (apropos, a country with an old democracy and some experience in implementing problematic election results as well…

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