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In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

Two Important Bills for IP Rights Holders Adopted in France

This OnPoint covers the implications of two important recent developments for IP rights holders in France: (i) the ratification by the French parliament of the Agreement creating the Unified Patent Court (law no. 2014-199,...more

Two Bodies Of Law Separated By A Common Mission: Unilateral Conduct By Dominant Firms At The IP/Antitrust Intersection In The EU...

Introduction - It is frequently said that “[t]he goals of the intellectual property and antitrust laws are complementary, not inconsistent.” Both antitrust law and intellectual property (IP) law seek, in the end, to...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

Spain launches a reform of the Intellectual Property Law. Including the so-called “Google News tax” on use of copyrighted...

The Spanish Council of Ministers has just approved a draft law for the partial reform of the Intellectual Property Law. It will be now submitted to the Spanish Parliament for discussion and final approval....more

Guide for International Counsel: Customs Enforcement of IP Rights in Europe & Germany – The New Rules

Preface - Customs authorities in the European Union may detain goods under their control which are suspected of infringing intellectual property (IP) rights. Such proceedings are governed by a new Regulation (EU) No...more

"Antitrust and Competition: Nonmerger Enforcement Activity Heats Up on Both Sides of the Atlantic"

U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Agencies Continue Aggressive Enforcement - Despite changes in leadership at the U.S. Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the Agencies) in 2013, the...more

The case law of the German Courts of Instance (Instanzgerichte) for patent law and utility patent law since the year 2011

This article was published in a slightly adapted version, tailored to the needs of the German market, in the leading German legal magazine for intellectual property law, GRUR-RR, in October 2013. The report deals with the...more

AGCOM And The Administrative Enforcement Of IP Rights

The Issues Concerning the Legitimacy of the Regulations - At the end of a process started in 2010, after three public consultations on an equal number of proposals, on December 12, 2012 AGCOM (i.e. the Italian...more

EPO Divisionals Update

In October 2013, we reported that the EPO had removed the time limits for filing divisonal applications. An outstanding detail at that time was the level of the fees that would be levied for filing second or any subsequent...more

Changes in EPO Divisional Deadlines – Fees Announced

Following its previous announcement to repeal the 24-month limit on filing divisional applications, on December 13, 2013 the European Patent Office (EPO) announced an updated schedule of fees for filing European patent...more

Patent Settlements as an endangered species: DG Comp’s latest Monitoring Exercise on Patent Settlements in Europe

Executive Summary - On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the report welcomes the continuously low level of settlements that...more

Unified Patent System Will Save European Energy and Cleantech Innovators Thousands

The creation of a patent system that will significantly ease an inventor’s path to gaining protection for his or her intellectual property across Europe will soon be reality. ...more

News from Abroad: Are Multiple SPCs per Patent Allowed?

Historically, it was widely thought that it was possible to obtain a separate supplementary protection certificates (SPC) for each product covered by a patent. However, in its judgment in Medeva in 2011, the Court of Justice...more

The Danger of Self-Colliding Divisional Applications in the EPO

Last week I had the honor of speaking at the 27th Annual Pharmaceutical/Chemical Patent Practice Update put on by the New Jersey Intellectual Property Law Association’s Chemical Practice Committee. The entire program was...more

European IP Bulletin - Issue 106

Copyright - ..Court of Appeal Confirms High Court Decision and Finds no Copyright Infringement in Software With Same Functionality: In SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November...more

New Proposed USPTO Rules for International Design Protection

U.S. design patents and their international counterparts (generally termed “industrial designs”) protect the ornamental appearance of an article of manufacture. Design protection has been the subject of increased attention...more

The SPC Saga Continues

The Court of Justice of the European Union (CJ) issued three judgments on grant of Supplementary Protection Certificates (SPCs) on 12 December 2013 in the cases: - C-493/12 Eli Lilly v HGS, - C- 443/12 Actavis v...more

News from Abroad: EPO Clarifies Extent to which Methods Involving Use of Human Embryos Are Excluded from Patentability

Generally, the European Patent Office does not allow claims to methods involving the use of human embryos for industrial or commercial purposes. It was therefore perhaps not surprising that the Examiner objected to the...more

Breaking The Shackles – Changes To Divisional Application Practice In Europe

From 1 April 2014, the 24 month deadline to file a divisional patent application in Europe will be abolished. From this date, divisional applications can be filed at any time provided the parent application has not proceeded...more

News from Abroad: Is an Emergency Marketing Authorisation Valid Basis for an SPC Application for a Plant Protection Product?

The Court of Justice of the European Union (CJEU) has recently ruled that an emergency Marketing Authorisation (MA) for a plant protection product does not provide a valid basis for an SPC for that plant protection product....more

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