Kluwer Patent Blog
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Kluwer Patent Blog
3d ago
On December 30, 2023, the Brazilian government, through Provisional Measure No. 1.205/2023, announced the national program “Mobilidade Verde e Inovação – Green Mobility and Innovation” (MOVER), with the objective of expanding the sustainability requirements for automobiles and stimulating the development of new technologies in the areas of mobility and logistics.
The program, conceived by the Brazilian Ministry of Development, Industry, Trade and Services (MDIC), will promote the expansion of investments in energy efficiency, include minimum recycling limits in vehicle manufacturing and charge ..read more
Kluwer Patent Blog
1w ago
With 1.5 billion chickens and 234.3 million cows, Brazil is an important market for the animal health industry. According to the National Syndicate of the Industry of Animal Health Products (SINDAN, in Portuguese), in 2022, 700 million doses of vaccine were manufactured in Brazil for herbivorous animals, and 21 billion for aviary. The Brazilian animal health market generated a net revenue of 10.363 billion reais in 2022 (approximately USD 2.11 billion)—a growth of 13% in relation to 2021.
With these strong numbers, it will come as no surprise to readers that Brazil is a key market for investme ..read more
Kluwer Patent Blog
1w ago
Having examined the JUB texts relating to UPC “saisie-contrefaçon” (see here), it’s time to look at the initial case law. Of course, the existence of only two cases is insufficient to draw general conclusions, but we can already see how the system works in practice, and draw some conclusions. The first two proceedings were initiated in countries with well-established seizure systems: Italy and France. Today, we will study the Italian case (UPC, Milan Local Division, 14 June 2024, procedure n° 500982/2023, “OERLIKON” case).
This case involved OERLIKON TEXTILE against HIMSON and BHAGAT GROUP, tw ..read more
Kluwer Patent Blog
1w ago
The “saisie-contrefaçon“, that French-style “Anton Piller Order”, but obtained in the blink of an eye, to such an extent that the whole world is still in awe; our Marylin of French patent law has made her discreet entry into the JUB. It may come as a surprise to the reader that I use the expression “saisie-contrefaçon“, when the UPCA text specifically provides for measures to preserve evidence. But never mind, I’m not afraid of being branded an irreducible Gallic, I’m used to it and, after all, “saisie-contrefaçon” is a pot I fell into when I was “little”.
It must be admitted, however, that be ..read more
Kluwer Patent Blog
2w ago
A short but nevertheless interesting judgment was handed down last week on the different roles that technical experts on the one hand and scientific advisers on the other have to play in proceedings in the English Patents Court. The decision of Mellor J followed a case management conference in an entitlement dispute between Dr Vanessa Hill and her former employer, Touchlight Genetics. The patents and patent applications in suit relate to aspects of a synthetic DNA vector called doggybone DNA or dbDNA and its enzymatic production. Part of Dr Hill’s case is that she ..read more
Kluwer Patent Blog
2w ago
Following the issuance of G 2/21 last year, we asked whether the plausibility elephant had left the room. Our Kluwer colleague and friend Miquel Montañá discussed this issue more recently here. Several decisions have meanwhile been issued applying the new “test” in G2/21, the lucidity of which may have reminded readers of the oracle of Delphi. Among these decisions, T 116/18 is by far the most valiant attempt to show the elephant the door. Yet comparison of this case with T 681/21 begs the question of whether we are already starting to see divergence on this important topic.
“Jumbo’s pitiful ..read more
Kluwer Patent Blog
3w ago
In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation of the Rules of Procedure pursuant to Article 41(3) UPCA, the proceedings are not required to be stayed under Rule 311.1, first sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision.
Case date: 26 February 2024
Case number: CoA 335/20236653/2024576355/20236601/2024
Court: UPC Court of Appeal, Luxembourg
A full ..read more
Kluwer Patent Blog
1M ago
In a Judgment dated 5 December 2023 in the landmark fingolimod case, Barcelona Commercial Court no. 10 rejected an action brought on grounds of unfair competition by the holder of a patent application. In unique circumstances, the claimant sought to prevent generic competitors from launching on the market during the pre-grant provisional protection period. Is the story of pre-grant enforcement now a closed chapter in Spain? Not necessarily!
Case date: 05 December 2023
Case number: 141/2023
Court: Commercial Court of Barcelona
A full summary of this case has been published on Kluwer I ..read more
Kluwer Patent Blog
1M ago
The Court of Appeal of the Unified Patent Court has overturned the preliminary injunction issued by the Munich local division against NanoString in its conflict with US biotech company 10xGenomics. The court cited substantial concerns about the invalidity of the asserted claim of 10xGenomics’ European Patent 4108782 B1, noting that “on the balance of probability it is more likely than not that the patent at issue will not prove to be valid.” NanoString has resumed of its CosMx Spatial Molecular Imager (SMI) products in the EU in 16 EU countries.
The case was the subject of the first public hea ..read more
Kluwer Patent Blog
1M ago
The Brazilian Patent and Trademark Office (BRPTO) has issued a new set of guidelines to clarify its recent regulations on amending patent claims during the appellate phase and help patent applicants adapt to the new policy.
Last month, we published an article regarding the decision rendered by the President of the BRPTO on 12 December 2023, giving normative and binding character to four Opinions of the Specialized Federal Attorney’s Office that imposed restrictions on the actions available to applicants when appealing first instance decisions. Such restrictions sought to limit the provisions o ..read more