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19 Aug 2019, 12:27 am
Bart van WezenbeekProceedings for the preservation of evidence and the subsequent infringement proceedings are two separate proceedings and only the latter is relevant for starting an intervention in opposition proceedings according to Art. 105 EPC. [read post]
31 Jul 2019, 2:05 pm
Bart van WezenbeekThe holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take a licence. [read post]
18 Jul 2019, 5:43 am
Bart van WezenbeekThe scope of a patent is to be interpreted according to Art. 69 EPC and the Protocol. [read post]
9 Jul 2019, 1:01 am
Bart van WezenbeekA patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered. [read post]
27 Jun 2019, 6:55 am
Bart van WezenbeekThe Court held that a selection invention is inventive if the compound of the selection offers surprisingly advantageous or improved properties over the prior art compounds. [read post]
13 Jun 2019, 2:03 am
Bart van WezenbeekAlthough at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the outcome in the present case. [read post]
4 Jun 2019, 4:56 am
Bart van WezenbeekThe Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. [read post]
16 May 2019, 9:01 pm
Federal Election Commission Lays Bare Internal Conflicts and Challenges in Letter to CongressCenter for Public Integrity – Dave Levinthal | Published: 5/9/2019 The FEC’s four leaders are offering lawmakers clashing perspectives on the agency’s very purpose. [read post]
9 Apr 2019, 1:30 am
Bart van WezenbeekThe Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary that the compound for which the SPC is granted can be specifically identified in the patent. [read post]
2 Apr 2019, 10:19 am
By Bart Carey, J.D., Cathleen Collinsworth, CDFA®, MAFF®, and Carol Hughes, Ph.D., LMFT Cathleen Collinsworth Carol Hughes Bart Carey It’s the final meeting in your client’s Collaborative Divorce process. [read post]
6 Mar 2019, 10:20 pm
Bart van WezenbeekAccess to seized goods and data should be denied in preliminary proceedings if the seized material contains trade secrets and there is a serious chance that the patent will be held invalid. [read post]
9 Feb 2019, 3:45 am
Bart van WezenbeekRelevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims. [read post]
6 Feb 2019, 4:26 am
Bart van WezenbeekIn preliminary proceedings, the risk that a company will potentially suffer greatly as a result of the decision is a factor that has to be taken into account by the court. [read post]
26 Jan 2019, 6:39 am
Bart van WezenbeekEven though subject to a confidentiality agreement an internal newsletter may be deemed publicly available if the addressees would not consider the newsletter to be covered by the confidentiality agreement. [read post]
12 Jan 2019, 7:38 am
Bart van WezenbeekThe court solved the question of inventive step using the problem-solution approach, defining the objective technical problem without including a pointer to the solution of the problem. [read post]
9 Jan 2019, 5:25 pm
Bart van WezenbeekThe Court of Appeal of the Hague confirmed that a technical effect may only be cooroborated by post-filed data if it is sufficiently plausible from the description. [read post]
8 Jan 2019, 4:09 am
Bart van WezenbeekFor establishing inventive step it is not necessary that the prior art contains a pointer for combination, only that in the relevant prior art an incentive was present to combine the prior art. [read post]
8 Dec 2018, 8:28 am
Bart van WezenbeekThe Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. [read post]
8 Dec 2018, 8:28 am
Bart van WezenbeekThe Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. [read post]
3 Nov 2017, 7:42 am
The House of Mirth has a scene in which the heroine, Lily Bart, is sexually assaulted by a rich and powerful man who she thought was helping her. [read post]
