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18 Mar 2021, 12:47 am by Kluwer Patent blogger
This is about CJEU rulings in 2020 concerning appeals filed in trade mark matters – some numbers and observations – and wishes for 2021! [read post]
8 Mar 2021, 1:20 am by Matthieu Dhenne (Ipsilon)
“École Nationale de la Magistrature”, abbreviated “ENM”], and at the European Offices specializing in trademark and patent law, and in terms of their previous experience, in the Courts, particularly in civil and commercial matters, but also in companies, at the Competition Authority [i.e. [read post]
8 Mar 2021, 12:55 am by Matthieu Dhenne (Ipsilon)
“École Nationale de la Magistrature”, abbreviated “ENM”], and at the European Offices specializing in trademark and patent law, and in terms of their previous experience, in the Courts, particularly in civil and commercial matters, but also in companies, at the Competition Authority [i.e. [read post]
5 Mar 2021, 5:00 am by Thorsten Bausch (Hoffmann Eitle)
In my post “The German UPCA Ratification – at Schweinsgalopp towards Mautdebakel” on this blog, I cautioned the German Ministry of Justice and Consumer Protection against ignoring the apparent political and legal problems with Germany ratifying the Unified Patent Court Agreement (UPCA) with the same wording as it had before Brexit and before the Federal Constitutional Court’s (FCC) first decision on this matter came out. [read post]
Almost certainly, a major issue for patentability analysis of claims referring to COVID-19 subject matter will be the prior art effect of hectic publication trends for articles and preprints relating to this pandemic. [read post]
Back in the district court, the jury once again found the claims valid, but the district court disagreed, issuing judgment as a matter of law that the patents lacked enablement. [read post]
15 Feb 2021, 1:00 am by Matthieu Dhenne (Ipsilon)
As for the provisional court without jurisdiction on the merits, seized on the basis of Article 35 of the Brussels I Bis Regulation, it can in principle only issue such an injunction, according to its national Law, if there is a genuine link between the subject matter of the measure sought and the territorial jurisdiction of the Contracting State, although this requirement is not included in the Brussels I Bis Regulation. [read post]
15 Feb 2021, 12:01 am by rhapsodyinbooks
That explosion destroyed 2,000 square kilometers of forest with a shock wave that would have measured about 5.0 on the Richter scale. [read post]
8 Feb 2021, 9:16 am by Matthieu Dhenne (Ipsilon)
In other words, it does not matter whether it is pemetrexed disodium or diarginine, as long as it is an antifolate combined with vitamin B12. [read post]
2 Feb 2021, 8:04 am by Laurence Lai (Simmons & Simmons LLP)
It may also be undesirable for applicants to make such amendments in case it affects added matter or claim interpretation post grant. [read post]
1 Feb 2021, 12:38 am by Matthieu Dhenne (Ipsilon)
At any rate, the competition between national jurisdiction leads to a risk of global forum shopping: each of the negotiators with the FRAND license could wish to entrust the mission of fixing the price to their natural Judge, namely the Judge of their domicile or will refer the matter to the judge who according to their quality – holder of SEP or candidate for the FRAND license – will be the most favorable. [read post]
29 Jan 2021, 7:20 am by Nicolas Round (Bristows)
The judge began with a broad definition: Stated generally the law is clear that patents are directed to those likely to have a real and practical interest in the subject matter of the invention[2]. [read post]
28 Jan 2021, 7:05 am by Fabian Hötzel (Hoffmann Eitle)
In utility model cancellation proceedings, if a proprietor defends its utility model only with certain sets of claims, the Federal Patent Court generally has no reason to subject the subject-matter of individual claims to separate examination. [read post]
20 Jan 2021, 8:09 am by Thorsten Bausch (Hoffmann Eitle)
It urges the FCC to decide on this matter quickly. [read post]
18 Jan 2021, 9:14 pm by Matthieu Dhenne (Ipsilon)
On the opposite, what matters is not precisely the future exploitation by the patentee, on which we can have no certainty at the time of filing, but the potential exploitation that could be make of it. [read post]