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It is worth considering that the patentee profits from Art. 121 of the Italian Intellectual Property Code which places on the alleged infringer the burden of proving that the patent is invalid and from which Courts have become increasingly inclined over the years to imply a presumption of validity of the patents. [read post]
5 Jul 2023, 7:03 am by Kluwer Patent blogger
Most of the decisions being based on prior art that could and should have been found in first instance! [read post]
22 Jun 2023, 12:18 am by Matthieu Dhenne (Dhenne Avocats)
A guarantee may also be requested (art. 60(7)), which does not exist either in French law. [read post]
22 Jun 2023, 12:18 am by Matthieu Dhenne (Ipsilon)
A guarantee may also be requested (art. 60(7)), which does not exist either in French law. [read post]
19 Jun 2023, 8:56 pm by Josh Blackman
" And in 1996, Walter Dellinger, as head of OLC, repudiated Barr's views. [read post]
5 Jun 2023, 5:18 am by Matthieu Dhenne (Ipsilon)
On the contrary, in France, export constitutes an act of infringement (art. [read post]
5 Jun 2023, 5:18 am by Matthieu Dhenne (Ipsilon)
On the contrary, in France, export constitutes an act of infringement (art. [read post]
29 May 2023, 11:43 am by Kluwer Patent blogger
These provisions, placed today in Chapter V of the UPCA, include the definition of the patent’s owner prerogatives to prevent the direct and indirect use of the invention (Art. 25 and 26), the list of limitations concerning the scope of patent protection, including inter alia, acts done privately or for experimental purposes, the use of biological material for the purpose of breeding, discovering and developing other plant varieties (Art. 27), the condition of the right for… [read post]
20 May 2023, 6:29 am by Thorsten Bausch (Hoffmann Eitle)
In any case, I think now is an excellent time for all firms employing a part-time UPC judge to carefully scrutinize their websites and bring them in conformity with Art. 3 (7) of the Code of Conduct. [read post]
11 May 2023, 2:21 am by Aida Tohala (Bristows)
” At first instance, Meade J held that the Patent was invalid for lack of plausibility and lack of technical contribution over the prior art. [read post]
  Ocado argued against the application of art. 12(1) on this basis (and others), and the judge ultimately concluded that art. 12(2)(a) in fact applied in the circumstances: 12(2). [read post]
27 Apr 2023, 9:22 am by Miquel Montañá (Clifford Chance)
To that end, it is necessary to ascertain whether a person skilled in the art can understand without any doubt, on the basis of their general knowledge and in the light of the description and drawings of the invention in the basic patent, that the product to which the claims of the basic patent relate is a specification required for the solution of the technical problem disclosed by that patent. [read post]
23 Apr 2023, 1:01 am by rhapsodyinbooks
Horwitz, who synthesized AZT, that became the standard treatment for HIV, courtesy Wayne St U Walter P. [read post]
21 Apr 2023, 4:00 am by Jim Sedor
John Fetterman received treatment for clinical depression at Walter Reed Medical Center, handwritten cards poured into office. [read post]
21 Apr 2023, 1:40 am by Florian Mueller
Letter from former senior officials of U.S. government agencies to EC leaders Comments on European Commission's Draft "Proposal for Regulation of the European Parliament and of the Council Establishing a Framework for Transparent Licensing of Standard[-]Essential Patents" (April 20, 2023 letter by Christine Varney, David Kappos, Walter Copan, Makan Delrahim, Andrei Iancu, and Noah Phillips) Most of them work in private practice now. [read post]