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Patent wars: EU’s top regulator takes front line position
- McDermott Will & Emery
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- European Union
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- October 1 2012
There has been a spate of antitrust complaints to the European Commission and other antitrust authorities of late, regarding the licensing of "essential patents"
Translations of foreign language prior art are key in EPO assessments
- McDermott Will & Emery
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- European Union
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- September 17 2012
In Telefonaktiebolaget LM Ericsson T 168808, a technical appeals board of the European Patent Office disapproved of the Examining Division’s approach in assuming that the skilled person would look only at the English abstract and drawings of a foreign language prior art document when considering obviousness in relation to a patent application
Long haul patent dispute: the latest chapter in the aircraft flat bed seat litigation
- McDermott Will & Emery
- -
- European Union, United Kingdom
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- September 17 2012
The High Court of England and Wales has held that the main patent (as amended) owned by Virgin Atlantic Airways Limited for flat bed airline seats is valid but not infringed by the seats manufactured by Contour Aerospace Limited and used by the airline defendants
Increased European patent protection following a landmark ruling on supplementary protection certificates
- McDermott Will & Emery
- -
- European Union
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- August 30 2012
The Court of Justice of the European Union (CJEU) rendered judgment relating to a preliminary reference from the English Court of Appeal, holding that the existence of an earlier marketing authorization (MA) of a pharmaceutical product does not preclude the grant of a Supplementary Protection Certificate (SPC) for a different application of the same product
CJEU clarification on granting interim cross-border injunctions in patent cases
- McDermott Will & Emery
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- European Union
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- August 8 2012
The Court of Justice of the European Union (CJEU) has ruled in Solvay SA v Honeywell Fluorine Products Europe BV C 61610 that the practice of granting cross-border injunctions in preliminary proceedings involving European patents where co-defendants are accused of the same infringement is not prohibited by rules on exclusive jurisdiction
European Parliament vote on EU unitary patent law postponed
- McDermott Will & Emery
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- European Union
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- August 8 2012
The European Parliament has postponed a planned vote on the unitary patent law it drafted jointly with the European Council
Article 5(3): jurisdiction should not be allowed for declarations of non-liability in tort
- McDermott Will & Emery
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- European Union
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- July 5 2012
In Folien Fischer AG and another v RITRAMA SpA 2012 C- 13311, Advocate General Jääskinen (the AG) gave the opinion that Article 5(3) of the Brussels Regulation does not confer jurisdiction where an alleged wrongdoer brings an action for a declaration that the alleged victim has no claim in tort
Breakthrough: Europe gets the European Patent Court
- McDermott Will & Emery
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- European Union
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- June 29 2012
Europe has debated establishing a single EU Patent System for more than four decades
Advocate General opinion on the interpretation of “first marketing authorisation” for Supplementary Protection Certificates
- McDermott Will & Emery
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- European Union
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- June 7 2012
Advocate General Trstenjak (the AG) has rendered an opinion in a preliminary reference relating to Neurim Pharmaceuticals Ltd 1991 C-13011 that it should be possible to grant a Supplementary Protection Certificate (SPC) for a second medicinal product that comprises the same active ingredient as a medicinal product covered by a prior marketing authorisation (MA), if the scope of the basic patent protecting the second medicinal product does not extend to the earlier medicinal product
Advocate General recommends dismissal of AstraZeneca appeal
- McDermott Will & Emery
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- European Union
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- June 7 2012
On 15 May 2012, Advocate General (AG) Mazak gave an opinion on the appeal by AstraZeneca against a judgment by the General Court that upheld the European Commission’s decision to fine AstraZeneca for abusive patent misuse
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- Firm Name - McDermott Will & Emery
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