EPLAW PATENT BLOG

EPO – EBA – G 0002/21 – Plausibility

Posted: March 23rd, 2023

EPO, Enlarged Board of Appeal, 23 March 2023, Case no. G 0002/21 Today, the decision of the Enlarged Board of Appeal on plausibility came out. The headnote reads as follows: 1. Evidence submitted by a patent applicant or proprietor to prove a technical effect relied upon for acknowledgement of inventive step of the claimed subject-matter […]

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NO – SPC manufacturing waiver has entered into force in Norway

Posted: March 13th, 2023

Update on the implementation of the SPC manufacturing waiver into Norwegian law, by Guro Nybø, Nora Bratheim, Lars Erik Steinkjer and Gunnar Meyer, Wikborg Rein Since 2 July 2022, the SPC manufacturing waiver, adopted by the European Parliament in 2019 through Regulation 2019/933, has been available for pharmaceutical manufacturers within the EU. The waiver enables […]

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UK – InterDigital v. Lenovo / Appeal

Posted: March 9th, 2023

InterDigital Technology Corporation and others v Lenovo Group Limited and others [2023] EWCA Civ 105 (9 February 2023) The Court of Appeal has overturned the finding of Mr Justice Mellor that InterDigital’s patent, EP 3 355 537 (the “Patent”), was invalid. Mellor J had found that the Patent was essential to Release 6 of the […]

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ES – TWO-WAY MEDIA v. TELEFÓNICA

Posted: February 27th, 2023

Commercial Court No. 4 of Barcelona, 17 October 2022, case no. 517/2017 In an extensive judgment issued in the framework of patent litigation related to Internet TV services, Commercial Court No. 4 of Barcelona has addressed some issues of particular interest due to their unusual nature within the customary legal handling of patent matters in […]

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UPC – Breaking news: Germany has ratified the Agreement on a Unified Patent Court

Posted: February 17th, 2023

The Unified Patent Court announces the following: “Today, Germany has ratified the Agreement on a Unified Patent Court, as confirmed by a statement of its Federal Ministry of Justice. “Germany’s ratification launches the countdown as set under Article 89 of the UPC Agreement according to which the Agreement will enter into force on 1 June […]

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UPC – user guide published on how to create an account and how to authenticate to the CMS

Posted: February 14th, 2023

The Unified Patent Court announces the following: “The UPC IT team is pleased to share with you detailed information and specific user guide on how to create an account and how to authenticate to the CMS system starting from the first of March.” More information and de user guide can be found here.

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NL – Sunconfex v. HSD Ecoscreen

Posted: February 14th, 2023

Sunconfex B.V. v. HSD Ecoscreen B.V., District Court The Hague, The Netherlands, 8 February 2023, Case No. ECLI:NL:RBDHA:2023:1334 Sunconfex holds EP 2 426 287 entitled: ‘Fabric holder for roller blinds’. HSD developed and markets a mounting system for roller blinds and is accused of infringing EP ‘287. The Court finds no infringement: “The legs [of […]

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UK – AIM Sport Vision v. Supponor

Posted: February 9th, 2023

AIM Sport Vision AG v Supponor Limited and Supponor Oy [2023] EWHC 164 (Pat) The English High Court has held that AIM’s patent concerning virtual advertising billboards (EP (UK) 3 295 663 B1 (“the Patent”)) is both valid and infringed by Supponor’s competing technology. These advertising billboards are used in sports stadiums and relate to […]

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UPC – The Unified Patent Court provides update regarding the Case Management System API opt-out process

Posted: February 8th, 2023

The Unified Patent Court announces the following: “The Unified Patent Court announces that an optimized API opt-out process will be in place as of 1st of March, at the beginning of the Sunrise period. “This revised process for opt-out via API will be active starting from the 2nd Sunrise practice, which will start as of […]

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IT – Court of Appeal decision touches on filing new prior art documents / generic decision for damage compensation

Posted: February 3rd, 2023

Introduction The Court of Appeal of Milan, through its decision published on 16 January 2023, addressed: (a) the possibility of filing new prior art documents at first instance – after the court-appointed expert (“CAE”) completes his/her assignment – and on appeal; and (b) the requirements for a court to issue a decision finding damages liability […]

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