The IPKat BLOG – Page 182

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Not a toothless prohibition: Even implicit step of treatment by surgery makes method claim unpatentable under the EPC

http://ipkitten.blogspot.com/2020/10/not-toothless-prohibition-even-implicit.html Art. 53(c) EPC prohibits the grant of European patents in respect of “methods for treatment of the human or animal body by surgery“. The EPO Boards of Appeal recently had the opportunity to clarify the boundaries of this provision in a case involving a patent related to tooth replacement... Continue reading
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The threat to trust: Will the certification mark be a long-term victim of the coronavirus?

http://ipkitten.blogspot.com/2020/10/the-threat-to-trust-will-certification.html Pandemics may have long-term consequences. One such early outbreak, the sixth century Plague of Justinian, severely weakened both the Sasanian Empire and the Byzantine Empire, which in turn contributed a century later to the rapid expansion of Islam. The death toll from the Black Death of the 14th century... Continue reading
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Hague District Court grants cross-border preliminary injunction against Mylan in Novartis SPC battle

http://ipkitten.blogspot.com/2020/10/hague-district-court-grants-cross.html Conventional wisdom says that the Dutch courts favour a pragmatic and commercial approach to patent litigation, allowing, where they can, patentees to effectively obtain cross-border injunctions against multiple defendants. In a recent decision dated 29 September 2020, the Hague District Court once again proved this conventional wisdom to be... Continue reading
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Wednesday Whimsies

http://ipkitten.blogspot.com/2020/10/wednesday-whimsies.html On December 10, join our PermaKat Eleonora Rosati and Giulia Gasparin at the new Fashion Law London online event, “Fashion Renaissance: A Unique Year in Review”. The topics covered include recent fashion-related IP developments; licensing, marketing and image in an ever-more digital fashion marketplace; enforcement challenges and opportunities for... Continue reading
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Another view on Glenn Gould, user rights, performance and recording

http://ipkitten.blogspot.com/2020/10/another-view-on-glenn-gould-user-rights.html The recent post by Mira T. Sundara Rajan drew the special attention of Kat friend Jonathan Coote, who offers his own thoughts on Glenn Gould, performance, recording, and user rights. Let the show begin. ‘Beware; for I am fearless, and therefore powerful’ – the monster, Mary Shelley’s Frankenstein (1818)... Continue reading
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SPCs and orphan drugs– is the double layer getting messy or is it just a matter of timing? A new ruling of the District Court in the Hague to shed some light?

http://ipkitten.blogspot.com/2020/10/spcs-and-orphan-drugs-is-double-layer.html The ruling of the District Court in the Hague in the case C/09/595262 KG ZA 20-605 concerns the pharmaceutical Exjade (generic substance deferasirox), protected both by a patent and subsequently a Supplementary Protection Certificate as well by an Orphan Drug Designation. Novartis sued Mylan for infringement of the SPC... Continue reading
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Invalidating a patent after expiry of the patent term? German Federal Court of Justice confirms broad standing to sue

http://ipkitten.blogspot.com/2020/10/invalidating-patent-after-expiry-of.html Who has standing to sue in a patent invalidation action differs across jurisdictions. In the recent decision “data packet transformation” (“Datenpaketumwandlung“), the German Federal Court of Justice had to rule on whether, and under what circumstances, a party can sue for invalidity of a patent after the 20-year term... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2020/10/sunday-surprises_18.html This Kat has everything you need to get you through next week! Below is a kat bowl full of webinars, job opportunities and katfood… Enjoying some katfood… Webinars The annual UCL Institute of Brand & Innovation Law (IBIL) innovation seminar s taking place on 25 November 2020. This... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2020/10/never-too-late-if-you-missed-ipkat-last_18.html When autumn leaves start to fall Patents After the first two reports of the “Keeping up with Patent Litigation” series, covering Dutch and German caselaw for the first half of 2020, the French round-up is now out on IPKat. The overview was prepared by Kat Friends Raphaëlle Dequiré-Portier, Julie... Continue reading
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What’s a fiduciary duty got to do with it? Lawyers, successive parties, and confidentiality

http://ipkitten.blogspot.com/2020/10/whats-fiduciary-duty-got-to-do-with-it.html Who will be the monarch of the Glen(cairn)? Following a recent guest post on Singaporean developments in the law of confidence, this Kat is now turning to a similar scenario considered by the Court of Appeal (England & Wales). In Glencairn v Final Touch [2020] EWCA Civ 609, the... Continue reading