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15 Dec 2017, 6:54 am by Thorsten Bausch
Thorsten BauschThe Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not been rectified by the applicant upon request by the examiner (following FCJ X ZB 17/73 Regelventil). [read post]
12 Dec 2017, 7:00 am by Kluwer UPC News blogger
Therefore, a new German law containing matter inconsistent with Union law would raise only a conflict with a simple law, not with the Constitution. [read post]
12 Dec 2017, 3:57 am by Miquel Montañá
The actual contribution, as a matter of substance, does not fall solely within the excluded subject matter and is technical in nature. [read post]
11 Dec 2017, 12:34 pm
In Sabatine’s proposed purchase offer, “Property” was defined as follows: “…certain real property and buildings with an address of 4721 Dressler Rd. [read post]
11 Dec 2017, 12:34 pm
In Sabatine’s proposed purchase offer, “Property” was defined as follows: “…certain real property and buildings with an address of 4721 Dressler Rd. [read post]
8 Dec 2017, 11:34 am by Kluwer UPC News blogger
He thinks paragraph 91 on cooperation in civil and commercial matters is at least as important. [read post]
8 Dec 2017, 10:02 am by Sarah M Donnelly
Manage an array of general contractual and legal matters. [read post]
7 Dec 2017, 12:33 am by Christine Robben
Functionality and Scope of Protection by edited by Chris Carani€ 199 3D Printing, Intellectual Property and Innovation: Insights from Law and Technology by Rosa Maria Ballardini, Marcus Norrgård, Jouni Partanen€ 128 The Unitary Patent and the Unified Patent Court by Pieter Callens & Sam Granata€… [read post]
6 Dec 2017, 3:10 pm by Thorsten Bausch
Hence, the Administrative Council erred in not finding that the President had a conflict of interest in the matter. [read post]
6 Dec 2017, 2:23 am by Kluwer UPC News blogger
Of course we will take into account the need to protect intellectual property rights as part of the process of considering the options for the UK’s intellectual property regime after our exit, but as I have said on a number of occasions, our future relationship with the UPC will be a matter for negotiation. [read post]
4 Dec 2017, 7:18 am by Brian Cordery
In his analysis the Judge differentiated between cases in which the Mayne Pharma approach of disclosing materials which show the preliminary investigation leading to the experiments forming the subject matter of the Notice of Experiments can be clearly and easily applied, and other cases. [read post]
24 Nov 2017, 7:07 am by Brian Cordery
Following Actavis, the Judge set out a neat summary of the principles to be applied: i) A problem of infringement is to be determined by addressing two issues through the eyes of the skilled person: a) Does the product or process in question (“the variant”) fall within any of the claims as a matter of normal interpretation, i.e. applying the normal principles of interpretation of documents? [read post]
23 Nov 2017, 1:02 am by Kluwer UPC News blogger
(…) In signing up to the Protocol on Provisional Application, any given Member State will not only contribute to the collective realization of this crucial reform, but also provide positive signals to investors and enable itself to participate in early decision-making on Court matters. [read post]
18 Nov 2017, 5:39 am by Thorsten Bausch
Thorsten Bausch and Leona GrossThe Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently affirmed in FCJ X ZR 161/12 Wundbehandlungsvorrichtung, since the subject matter in dispute was directly and unambiguously derivable from the originally filed application. [read post]
13 Nov 2017, 8:37 am by Miquel Montañá
All in all, the lesson to be learnt from this judgment is that, no matter how clear the wording of Article 55 of the 1986 Patents Act may be, a “cover” utility model might still do the trick in Spain. [read post]
10 Nov 2017, 10:55 am by Kluwer UPC News blogger
Functionality and Scope of Protection by edited by Chris Carani€ 199 3D Printing, Intellectual Property and Innovation: Insights from Law and Technology by Rosa Maria Ballardini, Marcus Norrgård, Jouni Partanen€ 128 The Unitary Patent and the Unified Patent Court by Pieter Callens & Sam Granata€… [read post]
10 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
Matter of Garraway v Fischer, 106 AD3d 1301, 1301 [2013], lv denied 21 NY3d 864 [2013]; Eklund v Pinkey, 27 AD3d 878, 879 [2006]). [read post]