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Hetti Hilge, Author at Kluwer Patent Blog
http://kluwerpatentblog.com/author/hettihilge
June 28, 2016. June 27, 2016. Following the CJEU judgment Huawei vs ZTE (Case C-170/13) of 16 July 2015, the national courts continue refining the requirements for the assertion of standard-essential patents (SEPs). So far, the first instance courts in Germany (in particular in Duesseldorf, Mannheim and Munich) showed a tendency to apply the principles of the CJEU decision in a…. FRAND Update: CJEU corrects the German version of the Huawei vs ZTE judgment. January 8, 2016. August 6, 2015. April 15, 2015.
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Leo Roars Again - Kluwer Patent Blog
http://kluwerpatentblog.com/2015/08/07/leo-roars-again
August 7, 2015. The end of July always brings a flurry of decisions from English Patents Courts at all levels as the Judges, understandably, seek to clear their desks before the summer vacation. This year was no exception with at least half a dozen judgments concerning patents being handed down in the space of two weeks. Among them was a gem from the Court of Appeal in the Teva v Leo. 2015] EWCA 779 case in which the substantive judgment was given by Sir Robin Jacob with whom Kitchin and King LJJ agreed.
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Miquel Montañá, Author at Kluwer Patent Blog
http://kluwerpatentblog.com/author/miquelmontana
The “problem and solution approach” is here to stay. August 21, 2016. August 10, 2016. One of the possible methods to examine incentive activity is what is known as the “problem and solution approach” usually applied by the European Patent Office (“EPO”). Spanish Courts like this methodology, as it allows the Judge to subject the opinions expressed by the experts to an objective test. For example, in a judgment of…. An expert does not need to be an expert. Really? August 7, 2016. August 8, 2016. Last Fri...
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The Netherlands: Resolution Chemicals v. Shionogi and AstraZeneca, District Court of The Hague, C/09/468395, 15 July 2015 - Kluwer Patent Blog
http://kluwerpatentblog.com/2015/08/05/the-netherlands-resolution-chemicals-v-shionogi-and-astrazeneca-district-court-of-the-hague-c09468395-15-july-2015
The Netherlands: Resolution Chemicals v. Shionogi and AstraZeneca, District Court of The Hague, C/09/468395, 15 July 2015. August 5, 2015. The District Court holds that Shionogi’s SPC for rosuvastatin (Crestor ) is invalid in part for added matter and grants a declaration of non-infringement for Resolution Chemicals’ proposed zinc salt of rosuvastatin. Of this case has been published on Kluwer IP Law. Pregabalin – second medical use claims construction in Denmark. August 6, 2015. August 5, 2015. Thomas B...
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Inventive step Archives - Kluwer Patent Blog
http://kluwerpatentblog.com/category/topics/inventive-step
Court of Appeal confirms revocation of Herceptin formulation patents. August 3, 2016. August 3, 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 was a decision handed down by the Court of Appeal on 27 July 2016 in Hospira v Genentech ([2016] EWCA…. Australia’s Productivity Commission picks out the flaws in the nation’s patent system. June 9, 2016.
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Validity Archives - Kluwer Patent Blog
http://kluwerpatentblog.com/category/topics/validity
Computerised invention for poker machines passes Federal Court test. August 18, 2016. August 18, 2016. On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49. IP Australia’s decision comes on the heels of the High Court of Australia’s approval of the Full Federal Court decision in Commissioner of Patents v RPL Central Pty Ltd [2015]…. August 3, 2016. August 3, 2016. July 29, 2016. By Rac...
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Jan Pot, Author at Kluwer Patent Blog
http://kluwerpatentblog.com/author/janpot
Bayer / Sandoz: a step forward for Dutch patent law. June 10, 2016. June 14, 2016. Claim construction and scope of protection are perhaps the most hotly contested topics in Dutch patent law. Over the last ten years, we have had no less than six Supreme Court decisions dealing with these matters. The latest development in this continuing saga is the Supreme Court’s recent decision in Bayer / Sandoz, which offers…. August 5, 2015. Take the summer quiz here. Thomas Dreier, P. Bernt Hugenholtz (eds.). Isabel...
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Pregabalin - second medical use claims construction in Denmark - Kluwer Patent Blog
http://kluwerpatentblog.com/2015/08/06/pregabalin-second-medical-use-claims-construction-in-denmark
Pregabalin – second medical use claims construction in Denmark. August 6, 2015. In one of the ongoing Pregabalin diputes, the Danish specialty court for IPR, the Maritime and Commercial Court in Copenhagen, recently rendered a 50-pages decision in a PI-action filed by Warner-Lambert ( WL ) and Pfizer against Krka and the Danish Association of Pharmacies. The Danish Health Agency intervened in support of the Danish Association of Pharmacies. As regards the pharmacies, a number of different claims and alte...
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Germany - late filing of new prior art can be too late - Kluwer Patent Blog
http://kluwerpatentblog.com/2015/08/06/germany-late-filing-of-new-prior-art-can-be-too-late
Germany – late filing of new prior art can be too late. August 6, 2015. German Federal Court of Justice, judgment of 27 August 2013, X ZR 19/12. As a consequence, defendants risk an injunction by the appeal court which is directly enforceable if they cannot demonstrate that they carried out an appropriate search in time even though they may later succeed in the nullity action against the patent based on newly discovered prior art. Rospatt osten pross Intellectual Property Rechtsanwälte. August 7, 2015.
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United Kingdom Archives - Kluwer Patent Blog
http://kluwerpatentblog.com/category/countries/united-kingdom
Unitary Patent reforms are welcome, even though patent litigation in Europe has worked quite well’. Kluwer UPC News blogger. August 24, 2016. August 24, 2016. Although patent litigation in Europe is fragmented, businesses have been able to cope and a unitary system may not be strictly necessary for the patent system to function in Europe. However, the new UPC does represent an opportunity to improve the system via greater efficiency and consistency. Dr Luke McDonagh of the Law School at…. August 22, 2016.
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