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The Court criticised Mammut for failing to file a protective letter, in particular given the ample time that passed between Ortovox’s warning letter and the PI application. [read post]
17 Jul 2024, 12:25 am by Kirill Osipov (ARS-Patent)
All necessary requirements from the above provisions were satisfied when RU 2643764 and RU 2746132 were granted given RU2008’ was considered parent (initial) for RU2013’ (case No. [read post]
  However, given the financial relief at stake for infringement of the first patent (Pfizer/BioNTech’s Comirnaty vaccine is reported to have generated worldwide sales of over USD 75 billion since the beginning of 2021), this is clearly a big win for Moderna, subject to the findings of any appeal. [read post]
9 Jul 2024, 4:10 am by Hannah Rigby (Bristows)
Multiple teams progressed the development of CGM devices without a focus on sensor accuracy and the reasons for the two-part construction of existing CGM devices would be known to the Skilled Person and given relatively little weight. [read post]
(sometime between 1 month and a year post hearing); when will the court accede to the requests of a party to obtain a decision by a given date? [read post]
The opponent contests this and argues that a broader express definition given in the patent should be adopted which covers a sheet formed into a cylinder in line with the right hand side illustration from the prior art below. [read post]
27 Jun 2024, 5:10 am by Claire Phipps-Jones (Bristows)
 While the approach has yet to be adopted in other Local Divisions, one can see that it may take off given the limited hearing time available. [read post]
Importantly, Sibio’s undertakings were not given much value since Abbott demonstrated that it was able to purchase the contested device and have it delivered in Germany and the Netherlands, even after the undertakings were given. [read post]
20 Jun 2024, 1:39 am by Adam Lacy (Hoffmann Eitle)
  4) FRAND and SEPs The lion’s share of the day was given over to FRAND and SEPs, with a focus on royalty rate determination. [read post]
6 Jun 2024, 6:30 am by Sophie Britton (Bristows)
  Some of the UPC judges have given guidance at conferences that if a party wants an application dealt with expeditiously, it is preferable to use English as it is a working language for most of the judges. [read post]
6 Jun 2024, 6:00 am by Eden Winlow (Bristows)
For example, if a decision in opposition proceedings was due to be given during the written proceedings before the UPC (and well in advance of the oral hearing) it might be justifiable for a short stay to allow parties to take that decision into account in pleadings before the UPC. [read post]
22 May 2024, 1:15 am by Charlie French (Bristows)
The decision was not a total success for Nicoventures given the Court’s rejection of its requests for court-generated documents and documents that are not yet visible within the CMS. [read post]
21 May 2024, 2:45 am by Rebecca Daramola (Bristows)
Given the rising caseload in the UPC, it is likely the CoA will, sooner or later,  have to address the issue of whether the prosecution history of a patent can be used as an aid to its interpretation and, within that, whether and to what extent, a doctrine of file wrapper estoppel exists within the UPC framework. [read post]
  Additionally, given that the building blocks of the Metaverse are computer simulations of real-world elements, what about their patentability? [read post]
17 May 2024, 6:00 am by Brian Cordery (Bristows)
  The explanation usually given for these inconsistencies is the difference in the litigation procedures in each of the national courts, particularly in relation to expert evidence, disclosure and length of trial. [read post]
10 May 2024, 2:30 am by Brian Cordery (Bristows)
  Hybridisation assays are used to detect particular strands of nucleic acids within a given sample using nucleotide probes (nucleic acid fragments). [read post]
3 May 2024, 9:34 am by Matthieu Dhenne (Dhenne Avocats)
” It then overturned the decision of the local division based on the principle of proportionality: “Since, given all the above, it is more likely than not that the patent at issue will prove to be invalid in proceedings on the merits due to a lack of inventive step, there is no sufficient basis for the issuance of a preliminary injunction in accordance with the Applicant’s main request. [read post]
The importance given to the language of the prior art may be one fact that favours the rise of English as a language for UPC proceedings. [read post]