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8 Mar 2021, 1:20 am
It’s an understatement to say that it’s not always very easy to be a French patent litigator in a transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? [read post]
23 Oct 2014, 9:01 pm
The theoretical justifications of the nondelegation doctrine stem from, as Professor Laurence Tribe has observed, “implicit constitutional requirements of consensual government under law. [read post]
29 Mar 2021, 8:00 am
I can imagine what the reader might think when reading these few lines: another text on artificial intelligence (“AI”) and the Patent Law! [read post]
23 Apr 2020, 7:57 am
As many laboratories around the world are making every effort to find a treatment for Covid-19 and more clinical trials are conducted[1], it is worth considering the legal mechanisms that could facilitate the quantitatively and qualitatively sufficient, and financially acceptable, exploitation of patent rights that will prove useful in curbing the epidemic and preventing a new one. [read post]
2 Jul 2021, 11:39 pm
“The Annual Review 2020 shows that demand for European patents remained nearly on a par with last year. [read post]
25 Apr 2011, 7:47 pm
Preface… Sit down and relax… you’re going to need a comfortable chair. [read post]
22 May 2021, 2:07 am
Although second medical use protection has had limited importance in the treatment of COVID-19, it has put in the spotlight the overall need for quick reactions to new diseases, which is one of the many factors justifying such protection, according to Jochen Bühling, partner of the German law firm of Krieger Mes & Graf v. der Groeben and editor of ‘Patent Protection for Second Medical Uses’. [read post]
29 Oct 2020, 9:02 pm
For example, Article I, Section 8 tells us that “Congress shall have power to lay and collect taxes … to borrow money .. to regulate commerce …” and so on; but that in no way says that Congress acting alone can pass such laws.Indeed, we learned earlier this year that Congress could not even prevent the President from abusing the vague emergency powers that Congress had granted him (when Trump diverted funds to build parts of his border wall) without giving the… [read post]
24 Jun 2020, 12:11 pm
As readers of this blog will be aware, the EPO applies a quite peculiar and unique method to the analysis of inventive step, the “problem-solution approach”. [read post]
16 Dec 2019, 9:08 am
Thorsten Bauschby Adam Lacy and Thorsten Bausch As the clock strikes midnight on 31 December 2019, we hope that the new Rules of Procedure of the Boards of Appeal (RPBA) will not be the first thing on our minds. [read post]
8 Sep 2021, 7:50 am
In undoubtedly one of the most important decisions of the year so far, on 24 August 2021, the English Court of Appeal handed down its judgment in FibroGen v Akebia (FibroGen Inc v Akebia Therapeutics Inc [2021] EWCA Civ 1279), partially allowing FibroGen’s appeal, and so finding one of the ‘Family A’ patents, EP 823, valid and infringed. [read post]
11 May 2022, 4:07 am
Laurence Norman and Marcus Walker report for the Wall Street Journal. [read post]
6 Apr 2020, 12:30 am
In the United States, a judge may increase the damages for patent infringement up to threefold[1] resulting in awards of millions, or even billons, of dollars. [read post]
19 Nov 2020, 7:25 am
2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. [read post]
30 Sep 2022, 4:13 am
Luke Broadwater and Stephanie Lai report for the New York Times. [read post]
23 May 2019, 7:08 am
I argued earlier this month that Special Counsel Robert Mueller’s report misapplied the presidential clear statement rule and improperly exposed many of President Trump’s actions in response to the Russia investigation to potential criminal liability. [read post]
24 Jun 2022, 6:30 am
As he notes, the point of the story—and story it is, rather than the dry laying down of commands—is that even a voice from heaven is not enough to legitimate the views of the dissenting rabbi. [read post]
2 Aug 2012, 9:19 am
Ogden Chief Justice Marshall had written that the Clause empowered Congress to lay down the rule by which commerce (not persons in commerce) could be regulated. [read post]
15 Jul 2019, 1:58 pm
Thorsten BauschOne of the worst nightmares or, in a few cases, real events in a patent professional’s life is when he/she realizes that an important term has inadvertently been missed and the usual means of term extension are no longer available. [read post]
16 May 2019, 12:17 pm
Thorsten BauschOne of the deepest insights in moral philosophy is provided by Erich Kästner’s short rhyme „Es gibt nichts Gutes. [read post]
