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13 Jul 2018, 7:38 am by Verena von Bomhard
L’Oréal, who was not the only cosmetics producer whose use and registration of AFTER SUN found itself under attack from Laboratorios Genesse, decided to take the matter to court – to this date the only way to cancel a Spanish national trademark. [read post]
12 Jul 2018, 6:19 am by Brian Cordery
However there has not been a case where an allegedly infringing product or process was clearly outside the claims as a matter of “normal interpretation” (which appears according to subsequent rulings to mean “purposive construction”) but was an immaterial variant. [read post]
5 Jul 2018, 4:37 am by Katharina Schmid
Whether this fame is true or not did not matter for the GC: it found that the general public with an average degree of attention would be inclined to purchase the goods at issue, thinking that it will find similar qualities, such as an image of improving sex life, owing to the transfer of positive associations projected by the image of the earlier mark. [read post]
28 Jun 2018, 2:45 am by Sara Moran
Sara MoranFollowing its denial of Actavis’ claim for declarations of non-infringement in respect of Eli Lilly’s European Patent, the Court of Appeal ruled on a number of procedural matters arising from that judgment. [read post]
26 Jun 2018, 3:35 pm by Kluwer Patent blogger
’ Hardon’s case has been remitted by the ILOAT to the EPO ‘to enable a Disciplinary Committee, differently constituted, to consider the matter under Article 102 of the Service Regulations and for the President to make a fresh decision. [read post]
20 Jun 2018, 4:12 am by Simon Holzer
Note that Meyerlustenberger Lachenal AG has been involved in this matter on behalf of Gilead) The Swiss dispute in a nutshell The Swiss litigation is about the validity of Gilead Sciences Inc. [read post]
8 Jun 2018, 9:37 am by Johannes Fuhrmann
The GC fully endorsed this and made it clear that the BoA had no competence to rule of its own motion on an issue that was not part of the subject matter of the appeal proceedings. [read post]
7 Jun 2018, 10:13 am by Kluwer Patent blogger
According to the study, the choice between an EU authority and the EPO is a matter of policy that is up to the legislature. [read post]
2 Jun 2018, 5:55 am by Adrian Chew
  The Court of Appeal also considered and overturned the existing judicial guidance on granting permission to appeal in patent matters. [read post]
29 May 2018, 4:53 am by Julius Stobbs
  Matters considered by IPEC   The following four matters were sequentially considered by IPEC:   Whether ESL had infringed SUL’s SULETS mark under section 10(1) of the TMA, i.e., was an identical mark used in relation to identical goods and services. [read post]
5 May 2018, 7:43 am by Rachel Bercovitz
Sophia Brill returned to last Wednesday’s Supreme Court oral argument in Trump v. [read post]
26 Apr 2018, 10:51 am by Thorsten Bausch
My colleague Mike Gruber was kind enough to compile the following brief summary of the Federal Patent Court’s full decision on the Raltegravir (Isentress®) compulsory license matter. [read post]
26 Apr 2018, 8:54 am by Kluwer Patent blogger
With still no news from the BVerfG, save that amicus briefs were to be filed which would slow matters down further, there was still no rush, but the legislation was passed in December, bringing the Parliamentary stage to an end. [read post]
26 Apr 2018, 4:48 am by Laura Reynolds
It is clear that the AG is of the opinion that the patent did not “specifically and precisely” identify emtricitabine for the purposes of Article 3(a) although, as the AG acknowledges, this is a matter for the national court to decide. [read post]
24 Apr 2018, 1:27 am by Thorsten Bausch
More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € The post The Dilemma with Clinical Trials and the Patent Law appeared first on Kluwer Patent Blog. [read post]
20 Apr 2018, 5:34 am by Verena von Bomhard
Verena von BomhardOn 19 April 2018, the CJEU handed down its judgment in the matter Peek & Cloppenburg (PUC), a referral from the German Supreme Court in a litigation between two German companies of that same name (one of which runs under the name of Peek & Cloppenburg [PuC] “North”, the other “West”) (C‑148/17). [read post]
18 Apr 2018, 5:50 am by Charles Gielen
So far, the BCJ only played a role where national courts had doubts as to the interpretation of matters of Benelux law. [read post]