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Pinsent Masons | United Kingdom | 19 May 2021

Doctrine of equivalents - how 'new normal' approach affects life sciences sector

The 'doctrine of equivalents' (ie, the principle that a patent may be infringed by a product or process which is considered equivalent to that…

Grünecker | European Union | 3 May 2021

Opposition Division revokes plastic bottle patent

A European patent which related to bottles made of plastic was recently revoked in its entirety for not complying with Article 76(1) of the European…

Wanhuida Intellectual Property | China | 26 Apr 2021

SPC reiterates separate comparison principle in novelty assessment

In a landmark case, the Supreme People's Court (SPC) IP Tribunal clarified that two reference documents which disclosed technical solutions that point…

Uchida & Samejima Law Firm | Japan | 7 May 2020

Court found not within the technical scope of an invention relating to a method for detecting sepsis

This judgment may be a useful example in which the interpretation of the technical scope of a claimed invention is limited by taking a prior art…

Harness, Dickey & Pierce, PLC | USA | 30 Apr 2020

Board Misconstrued Scope of Prior Art By Relying on Reference Numerals in its Claims

In Grit Energy Solutions, LLC v. Oren Technologies, LLC, [2019-1063] (April 30, 2020), the Court of Appeals for the Federal Circuit vacated and…

Smart & Biggar | Canada | 25 Mar 2020

Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness

In 2018 the Federal Court found that Kennedy's new use patent for infliximab (Janssen's Remicade) was valid and had been infringed by Hospira's…

Harness, Dickey & Pierce, PLC | USA | 16 Mar 2020

Design Patent Infringement Affirmed Where Defendant Did Not Proffer Jury Instructions or Introduce Prior Art

In Hafco Foundry and Machine Co., Inc. v. GMS Mine Repair and Maintenance, Inc., [2018-1904] (March 16, 2020), the Federal Circuit affirmed the…

GEVERS | European Union | 24 Feb 2020

Obtaining patent protection for software in Europe

Under the European Patent Convention, a computer program per se is not considered a patentable invention; rather, program listings per se are…

Harness, Dickey & Pierce, PLC | USA | 19 Feb 2020

Motivation to Combine Prior Art Can Come from Knowledge of those Skilled in the art, the Art Itself, or the Nature of the Problem

In Acoustic Technology, Inc. v. Itron Networked Solutions, Inc., [2019-1061] (February 19, 2020), the Federal Circuit affirmed the PTAB’s…

Bereskin & Parr LLP | Canada | 5 Feb 2020

Patent Re-examination in Canada: Court Takes Truck Argument Off the Road

A recent article from our firm discussed processes for challenging a competitor’s granted Canadian patent rights. The Federal Court of Canada…
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