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Adam Lacy  (Hoffmann Eitle) , Thorsten Bausch  (Hoffmann Eitle)
Trying to Make Sense of the Oracle of G 2/21: T 116/18 vs. T 681/21
March 12, 2024

Following the issuance of G 2/21 last year, we asked whether the plausibility elephant had left the room. Our Kluwer colleague and friend Miquel Montañá discussed this issue more recently here.…

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Bart van Wezenbeek  (Hoffmann Eitle)
Patent case: NanoString Technologies vs. 10x Genomics and President and Fellows of Harvard College, UPC
March 05, 2024

In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 141/2023 dated 5 December 2023, Spain
February 29, 2024

In a Judgment dated 5 December 2023 in the landmark fingolimod case, Barcelona Commercial Court no. 10 rejected an action brought on grounds of unfair competition by the holder of a patent…

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Kluwer Patent blogger
Unified Patent Court of Appeal overturns preliminary injunction against NanoString
February 28, 2024

The Court of Appeal of the Unified Patent Court has overturned the preliminary injunction issued by the Munich local division against NanoString in its conflict with US biotech company 10xGenomics.…

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Roberto Rodrigues Pinho , Luiza Cotia  (RNA Law)
Brazil – Important updates on the new rules regulating administrative appeals
February 28, 2024

The Brazilian Patent and Trademark Office (BRPTO) has issued a new set of guidelines to clarify its recent regulations on amending patent claims during the appellate phase and help patent applicants…

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Anne Marie Verschuur , Selmer Bergsma , Bart de Rijke , Bart Rietema  (De Brauw Blackstone Westbroek)
A Critical Analysis of the EC Proposal for SEP Regulation
February 27, 2024

The proposal of the European Commission on the Regulation of SEP's (the "Proposal") has elicited criticism from various sides, including patent attorneys and lawyers, law professors, the government…

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Roberto Rodrigues Pinho , Tatiana Machado , Rodrigo Mourao  (RNA Law) , Joao Batista  (Licks Attorneys)
Brazilian Congressman introduces bill to allow AI as inventor
February 26, 2024

On February 20, 2024, a Brazilian Congressman introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems…

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Miquel Montañá  (Clifford Chance)
More on G 0002/21: has the Robin Redbreast been freed from its cage?
February 26, 2024

As William Blake put it in Auguries of Innocence, written in 1803 but not published until 1863, "A Robin Redbreast in a cage, puts all heaven in a rage". So did the ill-crafted concept of…

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Danilo Ruggero Di Bella  (Bottega Di Bella)
Fixing Enforceability issues of the Patent Mediation and Arbitration Centre
February 19, 2024

This piece deals with the Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC), addresses key concerns about the risk of unenforceability of PMAC arbitral awards, and…

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Kluwer Patent blogger
Alexander Ramsay: Unified Patent Court working hard to remedy problems with CMS
February 13, 2024

The extent of the problems with the content management system took the Unified Patent Court by surprise. Alexander Ramsay, registrar of the Court and former chairman of the UPC’s preparatory…

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