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Brian Cordery  (Bristows)
Court of Appeal confirms revocation of Herceptin formulation patents
August 03, 2016

The end of July traditionally brings a flurry of patents judgments from the English Courts. This year was no exception, hence the large number of posts in the last few days. Among this year’s flurry…

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Brian Cordery  (Bristows)
The English Patents Court declines jurisdiction over German patent
August 01, 2016

by Gregory Bacon The English courts are not averse to determining disputes concerning foreign rights, including intellectual property rights. Readers will no doubt be aware of the recent case between…

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Brian Cordery  (Bristows)
Micawberism, homeopathy and plausibility
July 29, 2016

by Rachel Mumby Those readers who are unfamiliar with the excessively optimistic outlook of Mr Wilkins Micawber in Charles Dicken’s novel David Copperfield, would be forgiven for having had to look…

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Kluwer Patent blogger
Experts analyse participation post-Brexit UK in Unitary Patent system
July 29, 2016

Analysing whether, if the UK ratifies the UPC, further participation in the Unitary Patent system might be possible and on what legal basis. That is the main objective of a group of patent…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Polar Electro Oy v. Suunto Oy, United States Court of Appeals, Federal Circuit, No. 2015-1930, 20 July 2016
July 29, 2016

A federal trial court erroneously concluded that patent defendant Suunto Oy lacked minimum contacts with the State of Delaware to support the assertion of specific personal jurisdiction in a patent…

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Valerie Eder  (Gassauer-Fleissner)
Austria: 34 R 73/15b, Higher Regional Court of Vienna, Cartel Court, 34 R 73/15b, 20 May 2016
July 28, 2016

Contrary to established case law and practice, the Higher Regional Court of Vienna stayed preliminary injunction proceedings in a patent infringement matter and conducted an oral hearing. The…

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Miquel Montañá  (Clifford Chance)
Court of Appeal of Barcelona seeks to shed some light on second medical use claims
July 24, 2016

As readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of "second medical use" claims and, in particular, the activities…

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Kluwer Patent blogger
Debate on Brexit and Unitary Patent system: ‘Legal uncertainty must be avoided’
July 23, 2016

One month after the UK referendum, discussion has deepened and several papers have been published about the Brexit vote and the Unitary Patent system. Is it possible to both save the system and keep…

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John Collins  (Clayton Utz) , Sumer Dayal  (Clayton Utz)
Australia's Full Federal Court takes a narrow view of omnibus claims
July 21, 2016

On 24 June 2016, the Full Federal Court of Australia upheld an appeal from a first instance decision which gave a broad construction to an omnibus claim in the case of GlaxoSmithKline Australia Pty…

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Kluwer Patent blogger
Brexit vote: ‘Prepared path to Unitary Patent system might not exist anymore’
July 15, 2016

Can the Unitary Patent system still enter into force? Is it attractive without the UK or will companies rather stick with the established patent system as in force right now? According to Dr. Axel…

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