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31 Aug 2022, 7:46 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
20 Aug 2022, 11:47 am
Mauro Barelli, University of London EU-China Judicial Cooperation in Criminal Matters: Cooperation and Confrontation on Human Rights Discourses. [read post]
19 Aug 2022, 1:25 am by Miquel Montañá (Clifford Chance)
Although these Courts are highly specialised in public law matters, they do not have the same level of experience in patent matters as the civil Provincial Courts, which have a specific section specialising in patent matters (among others). [read post]
A nullity plaintiff who argues in the statement of claim that the subject-matter of a subordinate claim is obvious in the light of a specific prior art document, is in principle not obliged to submit further prior art documents until a deviating preliminary opinion of the Federal Patent Court if the court has pointed out in the written preliminary opinion pursuant to § 83(1) PatG that the subject-matter of the subordinate claims, as well as the subject-matter of the… [read post]
As Amgen Inc also did not challenge the scope and validity of the patent, Genentech filed a motion for summary judgement, as no more evidence was needed and the matter under dispute relied solely within the interpretation of the law. [read post]
Writing for the majority, Justice Ginsburg explained “there is no need to venture beyond Cuozzo’s holding that §314(d) bars review at least of matters ‘closely tied to the application and interpretation of statutes related to’ the institution decision. [read post]
21 Jul 2022, 8:20 am by Brian Cordery (Bristows)
Introduction In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. [read post]
20 Jul 2022, 11:40 am by Miquel Montañá (Clifford Chance)
It is tempting to exclude the file on the basis that anyone concerned about, or affected by, a patent should be entitled to rely on its contents without searching other records such as the prosecution file, as a matter of both principle and practicality. [read post]
Once the list is published, the executive branch has 30 to 60 days to evaluate it and grant non-exclusive compulsory licenses to manufacturers with proven technical and economic capacity to manufacture the subject matter of the invention. [read post]
8 Jul 2022, 10:46 am by Matthieu Dhenne (Ipsilon)
Swan€ 112 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei, Yang Yang, He Yibo€ 148 [read post]
7 Jul 2022, 7:15 am by David Hemming (Bristows)
Swan€ 112 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei, Yang Yang, He Yibo€ 148 [read post]
7 Jul 2022, 4:34 am by Anders Valentin (Bugge Valentin)
In a highly principled matter, the Danish Maritime and Commercial High Court has ruled to dismiss Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris based on the patent application EP 2 959 894 (the “894-application”). [read post]
21 Jun 2022, 10:25 pm by Matthias Weller
Litigants”, New York University Law Review 94 (2019), pp 1210-1243 Cong, Junqi “Reinventing China’s Indirect Jurisdiction over Civil and Commercial Matters con [read post]
Swan€ 112 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei, Yang Yang, He Yibo€ 148 [read post]
11 May 2022, 11:16 pm by Kluwer Patent blogger
A unified court of the European Union dedicated to IP matters is a unique occasion to strengthen the EU and the cooperation among its members states. [read post]
The Role of AI in the Patent Scheme The Full Court acknowledged that there are many issue that arise in the context of AI and inventions, for example: As a matter of policy, should an “inventor” in the Act be redefined to include AI and, if this occurs, to whom should a patent be granted in respect of its output? [read post]
6 May 2022, 6:10 am by Noah J. Phillips
This is not simply a matter of the—already controversial[32]—historical attempts by the agency to define under Section 5 conduct that goes outside the Sherman Act. [read post]
29 Apr 2022, 7:54 am by Gus Hurwitz
Together, these articles made the case (as a descriptive, not normative, matter) that we were moving towards a period of what I called “administrative antitrust. [read post]