Germany – Settled and recent case law on claim construction (Part 1 – Introduction)
Kluwer Patent Blog
by Tilman Müller-Stoy (Bardehle Pagenberg) and Johannes Möller (Bardehle Pagenberg)
2d ago
In this series, we will review the practice of the German Federal Court of Justice (Bundesgerichtshof or BGH, herein: FCJ) on key questions of patent law such as claim construction, added subject-matter, and patentability. This case law summary is intended for practitioners from all over the world, especially for those from outside of Germany. We ..read more
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The second UPC FRAND decision in Huawei v Netgear: is it time for a new CJEU referral?
Kluwer Patent Blog
by Enrico Bonadio (City, University of London) and Magali Anabel Contardi (Sant'Anna School of Advanced Studies)
1w ago
In another standard essential patents (SEPs) case from the Unified Patent Court (UPC), on 18 December 2024 the Munich Local Division (LD) issued an injunction in favour of Huawei (UPC_CFI_9/2023,  available in German here). The order prohibited Netgear from selling Wi-Fi 6 routers in Belgium, Germany, Italy, Finland, France, and Sweden. Netgear is also required ..read more
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Will the UPC get its “long arm” slapped by the WTO?
Kluwer Patent Blog
by Miquel Montañá (Clifford Chance)
2w ago
Last Tuesday, the big news in the patent world was of course that the UPC’s Court of First Instance (CFI), Düsseldorf Division, in case 355/2023, found that if the defendant is domiciled in a Contracting Member State (in the case at hand, Germany), the UPC has jurisdiction to hear the infringement action in respect of ..read more
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Examination & Appeal Changes in Brazil: What Can We Learn from Recent Cases
Kluwer Patent Blog
by Roberto Rodrigues Pinho (RNA Law), Tatiana Machado (RNA Law), Luiza Cotia (RNA Law) and Rodrigo Mourao (RNA Law)
2w ago
In 2024, the Brazilian Patent and Trademark Office (BRPTO) introduced pivotal changes to the appeal stage. Appeals has long been critical for applicants seeking to overturn unfavorable first-instance decisions. Historically, examiners at the appellate level have had to correct procedural inconsistencies from first instance, leading to prolonged delays—often exceeding two years for final decisions—that undermine ..read more
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Patent case: Insulet Corp. vs. A. Menarini Diagnostics S.R.L., UPC
Kluwer Patent Blog
by Bart van Wezenbeek (Hoffmann Eitle)
2w ago
In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed or that such infringement is imminent. Additionally ..read more
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Brazil: Understanding the New Bioinputs Regulation and Patent Landscape
Kluwer Patent Blog
by Roberto Rodrigues Pinho (RNA Law) and Tatiana Machado (RNA Law)
1M ago
The Brazilian agricultural sector has long been a driving force in the global economy, contributing significantly to international and domestic markets. In 2022, for instance, Brazil was the world’s fourth largest grain producer and second largest exporter, and in 2024, agribusiness products accounted for almost half of the country’s total exports. Innovation plays a pivotal ..read more
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The Approach to the Assessment of Inventive Step of Antibodies at the EPO – a Critical Analysis
Kluwer Patent Blog
by Brian Cordery (Bristows)
1M ago
The festive period normally leads to a slight slow-down in work in Europe and as such, it can provide the opportunity to catch up on wider reading as well as to grab a little rest.  In between the years 2024/5, I read Parts 1 and 2 of an interesting three-part article in EPI Information by ..read more
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Patent case: Judgment no. 157/2024 of Valencia Court of Appeal (Section 9) dated 4 June 2024, Spain
Kluwer Patent Blog
by Adrian Crespo (Clifford Chance)
1M ago
Today we are uncorking another bottle of the good stuff with yet another dispute in the winemaking space. A very thorough and well-written decision from the Valencia Court of Appeal in a non-infringement and validity case highlights the growing maturity and increasing reliability of the Valencian courts as a forum for patent disputes. However, the ..read more
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SPCs: the CJEU recognizes that A + B = C
Kluwer Patent Blog
by Matthieu Dhenne (Dhenne Avocats)
1M ago
Although the equation A + B = C seems self-evident (even for a five years old boy: remember you), the fact remains that it needed clarification by the Court of Justice of the European Union (“CJEU”), in relation to SPCs for product combinations (in application of article 3 c) of the SPC Regulation), which has ..read more
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A Christmas gift for the biosimilar industry: Landmark judgment in SPC Manufacturing Waiver case
Kluwer Patent Blog
by Kristof Roox (Crowell & Moring)
1M ago
On December 23, the Brussels Enterprises Court issued a significant judgment confirming that Samsung Bioepis’ notification complies with the legal requirements for relying on the SPC Manufacturing Waiver for export purposes, dismissing claims brought by Amgen on multiple fronts (Dutch language judgment here and English machine translation here). It is the first judgment on the ..read more
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