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20 Sep 2023, 7:13 am by Kluwer Patent blogger
Earlier, an ex parte PI order was granted by the UPC Local Division Dusseldorf in June 2023 (ORD_ 541204/2023, in the case of myStromer AG v Revolt Zycling AG), The order in the 10x Genomics case was issued yesterday by Presiding Judge Matthias Zigann at the Munich local division of the UPC. [read post]
20 Sep 2023, 7:13 am by Kluwer Patent blogger
Importantly, today’s ruling does not impact NanoString’s legal ability to market or sell CosMx SMI products for protein detection in the European Union, nor does it impact the lawful selling of any NanoString CosMx SMI products in the United States, the United Kingdom or the rest of the world outside of the EU member states participating in the UPC system. [read post]
Case date: 09 May 2023 Case number: No. 22-1291 Court: United States Court of Appeals, Federal Circuit, A full summary of this case has been published on Kluwer IP Law. [read post]
4 Sep 2023, 8:15 am by Tristan Marot
Russel v Russel stated that situations in which discretion against arbitration should be exercised are ‘few and exceptional. [read post]
26 Aug 2023, 9:16 am by Kluwer Patent blogger
Also, one can search for patents and what the state of affairs is concerning opt outs, oppositions and UPC cases. [read post]
The board’s claim construction and motivation to combine analysis were supported by the record (Shamoon v. [read post]
2 Aug 2023, 2:14 am by Kate O’Sullivan (Bristows)
On 25 July 2023, the Court of Appeal handed down its decision in Teva & Sandoz v Astellas[1] concerning the validity of Astellas’ patent to mirabegron for use in the treatment of overactive bladder (“OAB”). [read post]
30 Jul 2023, 3:05 am by Laurence Lai (Simmons & Simmons LLP)
  Country of origin: new European applications in 2022 v requests for unitary effect   On the other hand, proprietors from Asia and the US appear overall less enthusiastic relative to their proportion of European filings. [read post]
25 Jul 2023, 1:43 am by Matthieu Dhenne (Dhenne Avocats)
Or that the credibility of the technical effect is assessed at the priority or filing date (e.g., TGI Paris, October 6, 2009, RG n°07/16446, Teva v. [read post]
Comment The Court of Appeal noted that it was unfortunate that the trial judge was not referred to Hallen v Brabantia. [read post]
16 Jul 2023, 11:56 pm by Kluwer Patent blogger
Apparently it was also brought forward during the meeting of the EPO’s Administrative Council late June by various member states. [read post]
Although the Court of Appeal was clear, in Neurim v Generics [2020] EWCA Civ 793, that deciding to uphold the lower court’s decision not to grant a pharmaceutical patent PI was based on the specific facts of that case, the Patents Court has subsequently refused two further pharmaceutical PIs (Neurim v Teva [2022] EWHC 954 (Pat) and [2022] EWHC 1641(Pat), and Novartis v Teva [2022] EWHC 959 (Ch)). [read post]
2 Jul 2023, 1:37 am by Laurence Lai (Simmons & Simmons LLP)
Whilst the companies in this top five list are all outside the EU, the 39 member states of the EPO still account for over 45.4% of all opt-outs when looking at the country of the first-named applicant or proprietor. [read post]