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17,281 results found

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Hausfeld LLP | USA | 20 May 2022

Judge dismisses FTC’s claims of anticompetitive horizontal agreement involving opioid medication Opana ER

On March 24, 2022, Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia dismissed the Federal Trade Commission’s (the…
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McDermott Will & Emery | USA | 19 May 2022

The Halo Effect Won’t Cure Lack of Final Judgment

The US Court of Appeals for the Federal Circuit dismissed the appeal of a disappointed movant seeking prejudgment interest and a new damages trial…
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DLA Piper | European Union, Germany | 19 May 2022

Has the CJEU re-opened the door for Preliminary Injunctions for patent infringement in Germany/Europe?

On April 28, 2022, the CJEU (case ID C-44/21) cleared the way for civil courts in Europe to issue a preliminary injunction in patent infringement…
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Smart & Biggar | Canada | 18 May 2022

Merck's Januvia crystalline monohydrate DHP salt patent found valid

In a patent infringement action brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations, in relation to sitagliptin phosphate monohydrate (Merck's Januvia), Justice Furlanetto of the Federal Court found Canadian Patent No. 2,529,400 to be valid and granted a declaration of infringement.
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Grünecker | Germany | 16 May 2022

Presumption of validity of patents as decisive criterion

It is indispensable that the courts do not render a decision in preliminary injunction proceedings that proves to be wrong in the main proceedings. In particular, uncertainty can result from the question of whether the patent is valid – only about one-third of patents are maintained in validity proceedings without limitations. This article explores a recent European Court of Justice ruling on......
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Smart & Biggar | Canada | 16 May 2022

Federal Court rules that Diaper Genie patents are valid and infringed by Munchkin

The Federal Court recently issued its judgment and reasons in Angelcare Canada Inc et al v Munchkin Inc et al, finding that Munchkin, Inc and Munchkin Baby Canada Ltd had infringed numerous valid patents owned by Angelcare Canada Inc related to its diaper disposal system. The Federal Court's comprehensive decision covered a lot of ground on various infringement and invalidity principles,......
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Jones Day | Germany | 16 May 2022

Closing the "Injunction Gap": Overhaul of German Patent Act Speeds Up Litigation

Traditionally, the German patent litigation system has been notorious for its "injunction gap." Infringement and invalidity proceedings are handled…
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Sakshar Law Associates | India | 12 May 2022

Revisting the Bolar exemption in India

The patent is a legal right that is given to the inventor of a product or service so that he can exclusively produce, use and sell his invention. In…
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McDermott Will & Emery | USA | 12 May 2022

Hit the Brakes: Experimental Use, Enhanced Damages Determinations Require Redo

The US Court of Appeals for the Federal Circuit reversed and remanded a district court decision regarding experimental use under 35 U.S.C. § 102(b)…
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Ellis & Winters LLP | USA | 10 May 2022

The (Patent) Troll Toll: NC’s Abusive Patent Assertions Act

The APAA takes aim at non-practicing entities (NPEs), also known as patent trolls. NPEs typically do not seek to commercialize patents by developing…
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