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20 Feb 2017, 1:27 pm
Second, calculate the infringer’s total profit made on that article of manufacture.This case requires us to address a threshold matter: the scope of the term “article of manufacture. [read post]
16 Oct 2011, 5:01 pm by Oliver G. Randl
As a matter of fact, the EPO was not competent for deciding on the abandonment of a patent. [read post]
17 Aug 2015, 1:27 pm by Florian Mueller
The Patently-O blog believes "Samsung will almost certainly" do so, and while I can't offer a prediction here, I strongly hope that it will because this issue is a serious threat to innovators. [read post]
21 Jun 2009, 7:25 am
Merpel says, it doesn't matter whether people think the ruling is good or bad: the real issue is whether it is right in terms of applying the existing law to the facts on which the reference is based. [read post]
17 Mar 2017, 3:28 pm
 . to treat it as synonymous with ‘mandatory’ ” as a general matter. [read post]
31 Dec 2023, 7:44 am by Kevin Bercimuelle-Chamot
This time, this Kat had the opportunity to review Pierre Heuzé's published PhD thesis, written in French, titled "L'épuisement des droits de propriété intellectuelle sur un matériel biologique en droit suisse" [Exhaustion of intellectual property rights in biological material under Swiss law], published earlier this year. [read post]
23 Mar 2017, 2:08 pm
Patent: Manufacture abroad: Interpretation of a statute: Judgment as a matter of law: Jurisdiction: This case concerns the intersection of international supply chains and federal patent law. [read post]
19 Oct 2022, 4:00 am by Administrator
Pour la dernière semaine, les trois décisions en français les plus consultées ont été: 1. [read post]
19 Apr 2023, 2:58 pm by Eugene Volokh
(and an appeal has already been filed); I'm on the run and don't have the time to focus on it further, but I thought I'd pass along some key paragraphs from the opening and closing parts. [read post]
19 May 2017, 7:10 am by Nico Cordes
After T 910/03 it languished but occasionally reappeared.The Board refrains from referring the matter to the EBoA as it considers such referral not to be decisive in the present case, since according to the Board a same conclusion would be reached using both the essentiality test and the gold standard (being that the removal violates Art. 76(1) EPC).Entscheidungsgründe(...)2. [read post]
1 Sep 2010, 3:02 pm by Oliver G. Randl
T 79/91 [2.2-2.5], and T 246/91, point 7 (both not published in OJ). [1.8] In connection with the interpretation of R 57a EPC 1973 (now R 80) [the patent proprietor] referred to decisions T 1138/02, T 181/02, T 223/97, T 610/95, G 1/84, G 9/93, and G 1/05. [read post]