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Kluwer Patent blogger
More uncertainty for Unitary Patent system after Court ruling in UK
November 03, 2016

The decision today of the UK High Court that the government cannot trigger Article 50 of the Lisbon Treaty and begin formal exit negotiations with the EU without approval of Parliament, is a setback…

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Allen Dixon  (Center for Responsible Enterprise And Trade (CREATe.org))
Leading Practices to Protect Trade Secrets
November 01, 2016

Protecting companies’ confidential business and technical information – “trade secrets” – is becoming a major priority of the private sector and governments around the world. For good reason: one in…

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Miquel Montañá  (Clifford Chance)
The key to infringement
October 31, 2016

The Court of Appeal of Barcelona (Section 15) recently upheld an appeal filed by a manufacturer of security systems against a judgment that had dismissed a patent infringement action filed against a…

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Thomas Musmann  (Rospatt Osten Pross)
Generally no grace period for marketing infringing products - "Heat exchanger"
October 28, 2016

by Dr. André Sabellek In a recent judgment the Federal Supreme Court (Bundesgerichtshof, BGH) took a stand on the question whether to grant the patent infringer a grace period for marketing the…

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Matthew Raynor  (Bristows)
United Kingdom: Accord Healthcare Limited v. Medac Gesellschaft Für Klinische Spezialpräparate MBH, High Court of Justice of England and Wales, Chancery Division, Patents Court, HP-2014-000011, 13 January 2016
October 25, 2016

The Patents Court (Birss J) held that medac’s patent EP (UK) 2 046 332 relating to the use of a formulation of methotrexate at a concentration of about 50 mg/ml for the treatment of individuals with…

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Jody Coultas  (CCH)
USA: Endo Pharmaceuticals Inc. v. Actavis Laboratories UT, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1146, 14 October 2016
October 25, 2016

Actavis Laboratories UT, Inc. was unable to show that patents licensed to Endo Pharmaceuticals Inc. covering its testosterone gel product Fortesta® were invalid as obvious in light of prior art,…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: Kreuzgestänge, Federal Court of Justice of Germany, X ZR 103/13, 2 June 2015
October 24, 2016

The Federal Court of Justice held that claim construction is the core task of a court dealing with infringement and that this must be done independently from the claim construction as used by the FCJ…

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newgenblog , Elina Saxlin-Hautamäki  (Roschier)
Finland: Sandoz vs. MSD, Supreme Court Helsinki, Market Court of Finland, 821/15, 29 April 2016
October 24, 2016

The Finnish Market Court, as the court of first instance, ruled that the reversed burden of proof which is applied in infringement proceedings involving patents granted for manufacturing processes of…

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Lars de Haas  (V.O.)
EPO: J 11/12, European Patent Office (EPO), Board of Appeal, 29 June 2016
October 24, 2016

The Legal Board of Appeal of the EPO rejected the decision of the examining division that additional claim fees were due at the start of examination for claims added with the response to the…

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Kluwer Patent blogger
Appointment judges Unified Patent Court postponed
October 20, 2016

The recruitment procedure for judges of the Unified Patent Court has been suspended until more is known about the consequences of the UK’s Brexit vote for the Unitary Patent system. Earlier this week…

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