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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA, Trade Secrets: Wellogix, Inc. v. SAP America, Inc, United States Court of Appeals, Fifth Circuit, No. 15-20184, 12 May 2016
June 01, 2016

The federal district court in Houston did not abuse its discretion in enforcing a forum selection clause between Wellogix, on one side, and SAP America, Inc. and SAP AG (collectively, “SAP”) on the…

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Kluwer Patent blogger
Preparations for Unified Patent Court go on despite upcoming Brexit referendum
May 30, 2016

Although observers think a ‘leave’ vote in the UK Brexit referendum of 23 June 2016 could be a great setback or even the end for the Unitary Patent (UP) system even before it launches, preparations…

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Simon Holzer  (MLL Legal Ltd.)
Amendments and additions to protective letters in Switzerland
May 22, 2016

Swiss procedural law foresees the possibility to file a protective letter if someone believes it will be confronted with a request for ex-parte interim measures without being heard. The corresponding…

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Brian Cordery  (Bristows)
Wyeth taken by Carr to winning position in vaccine battle
May 20, 2016

by Rachel Mumby Bexsero, the Meningitis B vaccine marketed by GSK, has been the subject of many newspaper headlines in the UK over the last year, with parents seeking to persuade the UK Government to…

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Miquel Montañá  (Clifford Chance)
Barcelona Court of Appeal seeks to clarify scope of "product-by-process" claims
May 17, 2016

In a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as "product-by-process" claims. One of the…

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Thorsten Bausch  (Hoffmann Eitle)
Alles klar in Germany? – Some musings about whether there is a clarity requirement in the German Patent Act
May 16, 2016

Let’s begin with the German statute and compare it with the EPC. Section 34 of the German Patent Act (GPA) stipulates the following: (3) An application shall contain: 1. the name of the applicant;…

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Beatrice Nybert  (World Trade Institute)
Sweden: Merck Sharp & Dohme v. Paranova, T 2694-14, District Court of Stockholm, 18 June 2015
May 13, 2016

In February 2014, Merck Sharp & Dohme Corp. (“MSD”) brought proceedings against Paranova Läkemedel AB (“Paranova”), alleging that Paranova was violating MSD’s right as an exclusive licensee of…

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newgenblog , Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: In re Rhoads, United States Court of Appeals, Federal Circuit, No. 2015-1972, 4 May 2016
May 13, 2016

Substantial evidence supported the Patent Trial and Appeal Board’s finding that a skilled artisan would have been motivated to combine three prior art references to obtain methods for using a smart…

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Thomas Musmann  (Rospatt Osten Pross)
Delivery within a foreign country as a patent infringement in Germany
May 13, 2016

by André Sabellek In a recent judgment the Higher Regional Court of Karlsruhe (OLG Karlsruhe) had to decide on the extent of the liability of a foreign supplier for a patent infringement in Germany (…

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Kluwer Patent blogger
More time for discussion on Code of Conduct of Unified Patent Court
May 12, 2016

A decision on the Code of Conduct for practitioners at the Unified Patent Court, which was scheduled for May 2016, will likely be postponed. In reaction to a critical letter of the Council of Bars…

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