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Sam Tuxford
UK: Occlutech v. AGA, Court of Appeal Civil Division, 22 June 2010
August 16, 2010

The Court of Appeal held that AGA's patent was not infringed by Occlutech in a case of septal occlusion devices, which feature braided metal strands and have a collapsed configuration for delivery…

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Olivier Moussa
Negma v. Biogaran and Laboratoires Medidom, Court of Appeal Paris (Cour d'appel Paris), 30 June 2010
August 16, 2010

In this case, the Court of Appeal of Paris affirmed a judgement of the Court of First Instance of Paris holding that a product "may not acquire novelty simply because it is prepared in a purer form…

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Lars de Haas  (V.O.)
T_1145/09, EPO Board of Appeal, 17 June 2010
August 16, 2010

Questions submitted to the Enlarged Board. During opposition the Proprietor announced that it wanted a correction of the decision to grant from the examining division. The opposition division decided…

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Miquel Montañá  (Clifford Chance)
Is article 138 of EPC 2000 self-executing?
August 16, 2010

The entry into force of the EPC 2000 on 13 December 2007 presented, for the first time in Spain, the possibility of amending claims in legal proceedings followed before national Courts where the…

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Daniela Ampollini  (Trevisan & Cuonzo)
Obligatory mediation in Italian patent disputes?
August 11, 2010

By Legislative Decree no. 28 of 4 March 2010, the Italian legislator introduced obligatory mediation into the Italian legal system. In particular, Art. 5 provides that, as of 20 March 2011, in a…

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Brian Cordery  (Bristows)
English Court of Appeal judgment in Schlumberger continues pro-patentee trend
August 10, 2010

There have not been many decisions in 2010 from the English Patents Court that are likely to be regarded in future decades as seminal judgments. However, in the author’s view, the judgment of the…

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Pierre Véron  (Véron & Associés)
1 + 1 = 0
August 06, 2010

What happens when the same invention is covered by a French national patent and a European patent claiming the priority of the French application and when the European patent lapses after having…

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Thomas Musmann  (Rospatt Osten Pross)
Claiming for damages after transfer of a patent - New Approach of the Duesseldorf Appeal Court
August 03, 2010

The holder of a patent is entitled to damages caused by unlawful usage of the patent's teaching. But what to do if the patent is transferred while the patent is being infringed? Who can claim damages…

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Miquel Montañá  (Clifford Chance)
Should the validity of the patent be examined in a preliminary injunction procedure?
August 02, 2010

One of the most contentious points discussed before Spanish Courts over the last few years is the question of whether or not Courts should examine the validity of the patent when this has been raised…

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Pierre Véron  (Véron & Associés)
Doctrine of Equivalents and File Wrapper Estoppel in France
July 30, 2010

Institut Pasteur is the holder of European patent No. 0 178 978 entitled “Cloned DNA sequences, hybridizable with genomic RNA of “lymphadenopathy-associated virus (LAV)””, granted on…

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