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25 Jul 2019, 6:32 am
It was also expected that there will be considerable argument as to the "special reasons" according to which a case may be remitted back to the department of first instance (Article 11).Another interesting point from the chair was that, whilst the Guidelines for Examination are fit for purpose, it was possible that the time scale for updating of the Guidelines is perhaps not so. [read post]
23 Jul 2019, 7:38 am by Brian Cordery
As well as the legal points addressed above, the decision is interesting because of Birss J’s findings about the common general knowledge relating to what would happen when a skilled team would set about making an antibody in 2006. [read post]
11 Jul 2019, 10:20 am by Miquel Montañá
This argument must be rejected outright, as when SCA filed its opposition it was defending its interests as competitor of the party which at the time was the patent owner, but logically, after acquiring the patent rights, its interests changed. 12. [read post]
8 Jul 2019, 12:01 am by Kevin LaCroix
It was also interesting being in London for the Fourth of July holiday. [read post]
7 Jul 2019, 9:36 am by Florian Mueller
In order to do so, Conversant had to bring the UK equivalent of a U.S. motion for leave to amend a complaint, which Justice Birss (who held a case management conference) granted.An interesting detail regarding the three Trial A patents is that Conversant claims EP'177 and EP'722 are essential to LTE, while EP'206 is allegedly essential to UMTS. [read post]
3 Jul 2019, 10:00 am by Site Admin
Before I do, I found a few topical things that I wanted to go over, that are interesting tidbits that have come across my radar, that affect a lot of my clients. [read post]
3 Jul 2019, 3:07 am by Jan von Hein
Since the EP-proposal from 2012, the European Union has not shown any efforts to fill the gap still existing in the Rome II Regulation regarding violations of personality rights (Article 1(2)(g)). [read post]
1 Jul 2019, 4:51 pm by Robert Chesney, Steve Vladeck
  It’s more or less the same legal analysis as in the preliminary injunction opinion discussed in detail in Ep. 123, but we bring things up to date here. [read post]
27 Jun 2019, 12:30 am
Following notification of the deadline for responding to the examination report from the EP representative, the US representative indicated that they did not want to file a response before the deadline, but "were interested in further processing". [read post]
11 Jun 2019, 1:25 am by Roel van Woudenberg
The appeals lie from the opposition division's interlocutory decision to maintain European patent EP 1 858 617 in amended form on the basis of the then fourth auxiliary request.II. [read post]
31 May 2019, 12:51 am by Anna Carrier (BE)
We can therefore expect some interesting coalition-building efforts in the upcoming decision-making. [read post]
30 May 2019, 1:57 pm by Greg Lambert and Marlene Gebauer
Brad Blickstein, Principal at the Blickstein Group, a research and advisory firm for both in-house and outside law firms, joins us to talk about legal operation, and his recent experiences at the 2019 CLOC Institute in Las Vegas. [read post]
28 May 2019, 3:45 am by Jessica Kroeze
The following evidence inter alia was cited in opposition proceedings:D1: WO 02/15713D2: EP 0949329D3: DE 10163964D6: WO 02/051873D9: WO 95/21240D10: WO 97/29179D15: WO 96/22366D17: WO 00/70064D18: Kunze, "Technology Brewing and Malting", VLB Berlin, 1996, p. 83-87.The following evidence was filed with the appellant's statement setting out the grounds of appeal:D19: Excerpt from Südzucker Handbuch, "Erfrischungsgetränke", 2000D20: Leitsatz für… [read post]
23 May 2019, 5:48 am by Greg Lambert and Marlene Gebauer
Part of what is interesting about the discussion (and there are lots of interesting parts) is that Erin stands the idea of aggressive and hostile divorce action on its head. [read post]
16 May 2019, 9:35 am
Lastly, the Court of Appeal held that Asus’ lack of genuine willingness to negotiate a license agreement in good faith also stands in the way of any FRAND defence based on Dutch tort law or French contract law (which governs the FRAND declaration) (par. 4.187).Various interesting points are discussed that touch on current discussions surrounding FRAND. [read post]
13 May 2019, 5:22 am
It will therefore be interesting to see if Mr Justice Nugee's approach is followed by Judges in future cases. [read post]