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20 Sep 2023, 7:13 am by Kluwer Patent blogger
’ Some more quotes from the article: ‘The court again referred to the Bundespatentgericht’s preliminary opinion (…), asking in particular the defendants to comment on the BPatG’s opinion and why they thought it was incorrect’ ‘References were also made to opinions by experts on the invention and the prior art, but the court stated that it was the quality of the argument, not who made it, which mattered – given that two judges on its panel had… [read post]
20 Sep 2023, 7:13 am by Kluwer Patent blogger
’ Some more quotes from the article: ‘The court again referred to the Bundespatentgericht’s preliminary opinion (…), asking in particular the defendants to comment on the BPatG’s opinion and why they thought it was incorrect’ ‘References were also made to opinions by experts on the invention and the prior art, but the court stated that it was the quality of the argument, not who made it, which mattered – given that two judges on its panel had… [read post]
• It is also contrary to the fundamental EPO principle outlined in G 9/91 that, in contentious proceedings, parties should be given “equally fair treatment”. [read post]
11 Sep 2023, 4:00 am by Eric Segall
It’s not like Nina Totenberg’s name was on the cover of a Supreme Court brief at the time she interviewed some justices. [read post]
9 Sep 2023, 9:03 am by Thorsten Bausch (Hoffmann Eitle)
Only on page 9 of this non-paper an account is given on the EPO’s losses by its “Speed über alles” policy. [read post]
7 Sep 2023, 11:40 pm by Stephan Spencer
  He advocated for a young family whose life was changed when Baby Nina was born weeks early due to an accident. [read post]
7 Sep 2023, 11:40 pm by Yosha Law
  He advocated for a young family whose life was changed when Baby Nina was born weeks early due to an accident. [read post]
11 Aug 2023, 5:01 am by Eugene Volokh
Nina Brown, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.] [read post]
2 Aug 2023, 2:14 am by Kate O’Sullivan (Bristows)
Given the failed obesity clinical trials involving β3-AR agonists, their known unpredictability and the absence of data in AU 228, there was no reasonable expectation of success of mirabegron as a treatment for OAB. [read post]
30 Jul 2023, 3:05 am by Laurence Lai (Simmons & Simmons LLP)
  Division of filing infringement and revocation actions   Given the number of local divisions situated in Germany, it would seem that the propensity towards filing UPC infringement actions in Germany was anticipated. [read post]
25 Jul 2023, 4:00 am by Aida Tohala (Bristows)
Regulations 2018 (the “Regulation”) should inform the approach that the court should adopt (albeit not being directly applicable given the lack of unlawful acquisition, disclosure or use of a trade secret in the present case). [read post]
In these circumstances, it does not matter that the expert’s evidence was given on the basis of imparting detergent resistance rather than water, oil and grease resistance. [read post]
Here, the Enlarged Board held under item 1.4: 1.4 An essential purpose of any technical teaching is to enable the person skilled in the art to manufacture or use a given product by applying such teaching. [read post]
In these situations, given that Italian judges do not have any technical background, the Court in most cases will appoint a technical advisor (Court Technical Advisor, CTA), which is a quite peculiar aspect of Italian jurisdiction, if compared to the UK, Germany and Belgium. [read post]
2 Jul 2023, 1:37 am by Laurence Lai (Simmons & Simmons LLP)
Second, third and fourth places go to computing and communications fields, which is to be expected given the dominance of technology, media and telecoms companies in the opt-out rankings. [read post]
22 Jun 2023, 12:18 am by Matthieu Dhenne (Dhenne Avocats)
And the response to be given will be particularly delicate, not least in that it involves appealing to the rules of European law, including its primacy over national law and the principle of equal treatment. [read post]
22 Jun 2023, 12:18 am by Matthieu Dhenne (Ipsilon)
And the response to be given will be particularly delicate, not least in that it involves appealing to the rules of European law, including its primacy over national law and the principle of equal treatment. [read post]
A lot of consideration was given to the question of whether the licence should be on an ad valorem rate, per unit rate, or lump sum, in the context of potential discrimination between implementers. [read post]
10 Jun 2023, 8:32 am by Kluwer Patent blogger
Organizations in Italy had earlier qualified this division as ‘unacceptable’, but apparently Milan and Italy have given in. [read post]