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13 Mar 2011, 4:01 pm by Oliver G. Randl
In this regard the Board points out that this wording of R 36(1) EPC is identical to the wording of the former R 25(1) EPC 1973 and, therefore, the corresponding case law can be taken into account.[6] The present Board agrees with the statement of the Legal Board of Appeal in decision J 18/04 that the term “pending earlier European patent application” in R 25 EPC 1973 did not establish a time limit having a point in time at which the pending status of an… [read post]
29 Apr 2012, 5:01 pm by Oliver
The retroactive effect of a decision dismissing the appeal does not alter the pending status of the application. [read post]
31 Oct 2017, 12:05 am
  The answer on novelty, according to Arnold J., is that the doctrine of equivalence does not apply. [read post]
2 Apr 2014, 7:05 am by Docket Navigator
"[T]he Court believes that four of the Read factors support an award of enhanced damages (factors 1, 2, 7 and 9), four of the factors are neutral (3, 5, 6, 8), and one of the factors weighs against an award of enhanced damages (4). . . . [read post]
2 Feb 2012, 5:01 pm by Oliver G. Randl
In principle this Decision also applies to the present case; however, it has to be taken into account that, according to general intertemporal principles, the correct course of the proceedings before the RS has to be assessed on the basis of the legal situation existing at the relevant point in time (in this context, see decisions G 1/07 [1.1] and J 10/07 [1.2]). [read post]
4 Jan 2016, 4:30 am by Woodrow Pollack
Unidentified Parties - Does 1-20The Accused Infringers last sought dismissal of the 20 parties identified only as Does 1-20. [read post]
4 Jan 2016, 4:30 am by Woodrow Pollack
Unidentified Parties - Does 1-20The Accused Infringers last sought dismissal of the 20 parties identified only as Does 1-20. [read post]
2 Feb 2016, 10:06 am by Kevin Smith and Lindsay Colvin
Gomez, 577 U.S. ___ (2016), at 1. [3] Id. at 26 (Roberts, J., dissenting). [4] Id. at 1. [5] Id. at 4. [6] Id. at 6-7. [7] Id. at 7-8. [8] Id. at 12. [9] Id. at 33 (Alito, J., dissenting). [10] Id. at 23 (Roberts, J., dissenting). [11] Id. at 31 (Roberts, J., dissenting). [read post]
1 Feb 2012, 5:01 pm by Oliver G. Randl
The decision does not exceed the margin of discretion conferred to the President of the EPO in application of R 152(1). [read post]
11 Aug 2021, 8:40 am by Rebecca Tushnet
Apr. 1, 2021) The Mississippi AG sued J&J under the Mississippi Consumer Protection Act for selling talcum powder products, alleging that J&J failed to warn of the risk of ovarian cancer in women who used talc. [read post]
9 Apr 2019, 1:13 am by Roel van Woudenberg
"In J 4/18, the application was filed by two natural persons, one of them having his residence in the Netherlands and the other in France. [read post]
21 Mar 2011, 4:01 pm by Oliver G. Randl
This is in line with decisions T 842/90 and J 20/00 where it was considered possible that the payment of an additional fee amounting to [read post]
14 Jun 2013, 7:51 am
Kat light pink knees Is the answer to Question 1 the same if the alleged infringement of copyright results, not from the placing of dematerialised content online, but, as in the present case, from the online sale of a material carrier medium which reproduces that content? [read post]