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10 May 2024, 2:30 am by Brian Cordery (Bristows)
  Hybridisation assays are used to detect particular strands of nucleic acids within a given sample using nucleotide probes (nucleic acid fragments). [read post]
3 May 2024, 9:34 am by Matthieu Dhenne (Dhenne Avocats)
” It then overturned the decision of the local division based on the principle of proportionality: “Since, given all the above, it is more likely than not that the patent at issue will prove to be invalid in proceedings on the merits due to a lack of inventive step, there is no sufficient basis for the issuance of a preliminary injunction in accordance with the Applicant’s main request. [read post]
The importance given to the language of the prior art may be one fact that favours the rise of English as a language for UPC proceedings. [read post]
By the time a decision is issued in the procedure launched by the seized party (and in the potential subsequent appeal procedures), the right holder may already have been given access to the report describing the evidence collected or the report may have been put under escrow. [read post]
17 Apr 2024, 1:35 am by Thorsten Bausch (Hoffmann Eitle)
In such a case, the Court may, however, impose certain conditions on granting access, such as the obligation for that member of the public to keep the written pleadings and evidence he was given access to confidential as long as the proceedings are pending. [read post]
3 Apr 2024, 5:00 am by Matthieu Dhenne (Dhenne Avocats)
This is an important clarification, given that in French law, ordinances most often include such a time limit. [read post]
The reason given for the judgment was the aforementioned Brazilian Supreme Court ruling, since “the sets of claims of patents PI9810519-1 and PI9915480-3 show that the compounds were created and submitted to the Brazilian PTO’s analysis with a dual purpose, according to its human or veterinary destination. [read post]
14 Mar 2024, 8:31 am by Brian Cordery (Bristows)
   In contrast in validity and infringement proceedings, the Court is required to evaluate for example the impact that a given piece of prior art would have had on the skilled person at the priority date of the patent in suit when assessing e.g. inventive step. [read post]
Topsy, the elephant who killed a man, Public domain, via Wikimedia Commons   Unlike in T 116/18, no detailed analysis of G 2/21 was given. [read post]
The proposal consists of two main components: the introduction of a SEP register, including essentiality checks for registered patents, and a procedure to determine FRAND conditions and aggregate royalties for use of a given standard. [read post]
Therefore, PMAC arbitral tribunals could not request a preliminary ruling if the correct interpretation of EU competition law would become decisive for the resolution of a given case. [read post]
12 Feb 2024, 1:46 am by Brian Cordery (Bristows)
   The UK Courts have been given an opportunity to depart from the jurisprudence of the CJEU in their interpretation of the SPC Regulation. [read post]
4 Feb 2024, 7:14 am by Simon Holzer (MLL Legal Ltd.)
Since MSD’s SPC for the combination of sitagliptin and metformin was granted long before the judgment of the Swiss Supreme Court of 11 June 2018, the Federal Patent Court did not examine whether the requirements of Art. 140b para. 1 lit. a Swiss Patent Act and Art. 3(a) EU SPC Regulation according to the current case law of the CJEU were given, but simply referred to the requirements of the infringement test, which were obviously met. [read post]
17 Jan 2024, 6:47 am by David Pocklington
This will enable me to carry out representations, where those criticised in the review will be given advance notice of this and provided with an opportunity to respond. [read post]
16 Jan 2024, 2:22 am by Eden Winlow (Bristows)
This could be an imaginable scenario, given the rapid advances we are seeing in the field of AI. [read post]
6 Jan 2024, 1:24 am by Kluwer Patent blogger
More from our authors: Vissers Annotated European Patent Convention 2023 Edition by Kaisa Suominen, Nina [read post]
That is, in the specific scenario, the applicant’s mistake cannot be corrected on appeal, given that the preclusion of the matter prevents the appellate board from hearing the appeal. [read post]
19 Dec 2023, 7:40 am by Matthieu Dhenne (Dhenne Avocats)
Secondly, neither the 2nd Chamber of the Court of Appeal, nor, above all, the Civil Supreme Court (“Cour de Cassation”) has given a ruling. [read post]