PatLit: the patent litigation weblog

The PatLit weblog covers patent litigation law, practice and strategy, as well as other forms of patent dispute resolution. If you love -- or hate -- patent litigation, this is your blog. You can contact PatLit by emailing Michael here

Wednesday, 11 May 2016

Recruitment of UPC Judges is now open

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The preparatory committee has now published the first job openings at the Unified Patent court. The recruitment of legally qualified an...
2 comments:
Tuesday, 10 May 2016

The direct product of a Swiss-type claim is packaged and provided with instructions

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In the appeal underlying the decision T 1673/11 (Treatment of Pompe's disease/GENZYME) of 20.10.2015 , the patent had been granted wit...
2 comments:
Monday, 9 May 2016

Is the Unitary Patent good for SME's?

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The development if the Unitary Patent and the Unified patent court has always been accompanied by the popular narrative of reduced costs a...
3 comments:
Wednesday, 4 May 2016

On the Role of Scientific Advisers: Transparency and Expectations

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PatLit is pleased to have received a guest post by Chartered and European patent attorney  Kirwin Lee . Kirwin discusses a very interesting...
1 comment:
Wednesday, 20 April 2016

Common General Knowledge and Inconvenient Details - Accord v Medac and Unwired Planet

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Two recent rulings of Mr Justice Birss of the Patents Court, England and Wales contain interesting statements on obviousness attacks based...

Instructing the Expert - American Science & Engineering Inc v Rapiscan

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One of the key differences between the UK patent litigation system and the continental system is the role of expert evidence, in particular ...
3 comments:
Tuesday, 19 April 2016

Report on the 15th UPC Preparatory Commitee Meeting

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The UPC Court of Appeal Building in Luxembourg The Report on the 15th Meeting of the UPC Preparatory Committee Meeting is available here...
1 comment:
Monday, 18 April 2016

Inescapeable Priority Trap - T 1983/14

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In the case T 1983/14 , the patentee hat gotten into an inescapable trap situation by adding a limitation to the claim which had been disclo...
2 comments:
Thursday, 24 March 2016

The Parliamentary History of the European "Unitary Patent"

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German attorney and Certified Specialist for IP Law Ingve Stjerna is known to our readers as an alert and critical commenter of the UPC l...
1 comment:
Friday, 18 March 2016

EPO Social Unrest: The AC speaks

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The Meeting of the Administrative Council has been eagerly awaited by the intersted public and the report is available here . As a very ex...
7 comments:
Tuesday, 23 February 2016

"Up to the hilt" and "beyond reasonable doubt" - any difference?

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In the EPC case-law, the standard of proof for the public availability of documents or information which are completely under the control ...
3 comments:
Monday, 22 February 2016

German Draft Legislation for the UPC

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The German Ministry of Justice and Consumer Protection (BMJV) has now published the draft  ratification instrument and draft amendments ...
Friday, 19 February 2016

Soybean Event Does Not Imply Sexual Crossing

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The decision T915/10  relates to soybean plants and soybean seeds containing a DNA insert with the name "insertion event MON89788"...
Tuesday, 26 January 2016

LCII Half-Day Conference: Regulating Patent “Hold-Up”?

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Readers who share this blogger's view that the CJEU decision in the matter Huawei ./. ZTE (see e.g. here )  still leaves room for disc...
Monday, 25 January 2016

Mock Trial in Munich - Chris Ryan reports

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Solicitor Chris Ryan was so kind to report in the mock UPC trial which had been organized by EPLIT  in Munich last Friday.  The idea o...
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