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Roberto Rodrigues Pinho , Brenno Telles  (RNA Law)
Brazilian government resurrects its Partnership for Productive Development (PDP) program. A new threat to pharma IP rights?
October 03, 2023

Brazil’s president published, on September 27, Decree No. 11,715/2023 which institutes the “National Strategy for the Development of the Economic-Industrial Health Complex”. This decree aims at…

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Kluwer Patent blogger
Helsinki division Unified Patent Court clarifies (reversal of) opt-out provision
September 29, 2023

The Helsinki division of the Unified Patent Court rejected an injunction request by AIM Sport against Supponor, because the reversal of the opt-out of the patent in dispute was deemed in…

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Roberto Rodrigues Pinho , Brenno Telles , Tatiana Machado  (RNA Law)
Brazil: The Patent Office is Considering Changing Terms for Requesting Examination and Amending Patent Applications
September 26, 2023

The BRPTO published on September 14 an invitation for interested parties to comment on a proposal to review the provisions of the Brazilian IP Statute regarding two relevant timeframes for patent…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 18/2023 of Madrid Court of Appeals (Section 32) of 23 June 2023, Spain
September 22, 2023

In a detailed and impeccably written decision, the Madrid Court of Appeal (Section 32) has ruled in the raloxifene case, awarding damages in the high seven figure region. This is a landmark decision…

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Kluwer Patent blogger
UPC grants 10x Genomics preliminary injunction, NanoString appeals
September 20, 2023

UPDATE: The Unified Patent Court granted US biotech company 10x Genomics a preliminary injunction against rival NanoString. It was the UPC’s first PI in a case were an oral hearing was held with both…

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Roberto Rodrigues Pinho , Brenno Telles  (RNA Law)
The relevance of court-appointed examiners on patent cases in Brazil
September 19, 2023

Judges deciding patent matters in Brazil usually have none to limited technical background. In view of the complexity of patent cases, it is often that we see judges appointing a court examiner, as…

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Thorsten Bausch  (Hoffmann Eitle) , Adam Lacy  (Hoffmann Eitle)
EPO makes correct diagnosis but prescribes the wrong medication with the Proposed Amendments to the Rules of Procedure of the Boards of Appeal
September 14, 2023

The EPO has proposed new amendments to the Rules of Procedure of the Boards of Appeal (RPBA) to support more ambitious timeliness objectives. In our view, they are unlikely to shorten appeal…

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Thorsten Bausch  (Hoffmann Eitle)
EPO Propaganda Master Class – or: How to Justify Higher Fees for Lower Quality Work
September 09, 2023

It will be nothing new for regular readers of this blog that I and many others have long been advocating for more well-qualified examiners at the EPO, e.g. here. Obviously, these examiners also need…

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Roberto Rodrigues Pinho  (RNA Law) , Thaís Cunha , Rafaella Oliveira  (Licks Attorneys)
Brazil: how to successfully amend claims during patent examination
September 07, 2023

In Brazil amendments to claims are possible if the patent applicant can show the changes are limited to the matter initially disclosed in the patent application (Article 32 of Patent Statute 9,279 of…

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Kevin M. Finson  (Wolters Kluwer Legal & Regulatory US)
Patent case: Bot M8 LLC v. Sony Interactive Entertainment LLC, USA
September 05, 2023

Substantial evidence supported a Patent Trial and Appeal Board (PTAB) decision finding the challenged claims were obvious. A PTAB decision finding that Sony Interactive Entertainment had shown that a…

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