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UPC – German French Supremacy?

German French UPC Supremacy? by Willem Hoyng, HOYNG ROKH MONEGIER   Under the heading Juve Patent Survey 2021 Juve uses the title “UPC favourites: French and German judges dominate”. Juve suggests that its findings are based on Juve’s own worldwide survey of 1300 “patent experts”. We do not know (other than the indication “heads of patent […]

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EPLAW Congress 2021 – Presentation

Please see attached presentation from Congress held on 26 November 2021.

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IT – Providus – lost profits / recovery of profits – Supreme Court

Introduction With Decision No. 21832 of 29 July 2021, the Italian Supreme Court clarified: (a) what the relationship is between compensation for lost profits under Art. 125(1) of the Italian Intellectual Property Code (“IPC”) and recovery of profits under Art. 125(3) IPC; and (b) whether the recovery of profits requires wilful intent or negligence by […]

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NL – Astrazeneca v. Menzis / Appeal

AstraZeneca B.V. and AstraZeneca AB v. Menzis Zorgverzekeraar N.V. and Anderzorg N.V., Court of Appeal The Hague, The Netherlands, 28 December 2021, Case No. 200.286.638/0, with thanks to Willem Hoyng, HOYNG ROKH MONEGIER, for providing the judgment and the translation “In 2014, the District Court invalidated a pharmaceutical patent of AstraZeneca AB for lack of […]

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EPO – J 8/20 and J 9/20 – Artificial Intelligence – overview

European Patent Office, Legal Board of Appeal, Order in cases J 8/20 and J 9/20 published on December 21, 2021; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG In a Press Communiqué of December 21, 2021, the Legal Board of Appeal published the order in cases J 8/20 and J 9/20 dealing […]

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NL – Bayer Healthcare v. Teva

Bayer Healthcare LLC v. Teva B.V. et al. PI Judge District Court The Hague, the Netherlands, 10 December 2021, Case no. ECLI:NL:RBDHA:2021:13616 Third generation divisional. Foreign proceedings on the mertits in which parts of the were invalidated do not take away the fact that the Dutch PI judge should reach its own conclusions. “At the […]

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