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Patent Litigation European Patent Office Patents

Jones Day

Epitope Claims Live On at the European Patent Office

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While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court...more

McDermott Will & Emery

European UPC Issues Its First Decisions on the Merits

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Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG The Unified Patent Court (UPC) issued its first decision on the merits, granting the first-ever permanent injunction covering seven UPC member states. Franz Kaldewei GmbH &...more

Venable LLP

The First Biosimilar Disputes at the Unified Patent Court (UPC)

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As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April....more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | April 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

American Conference Institute (ACI)

[Event] Pharma & Biotech Patent Litigation Conference in Europe - May 29th - 30th, Amsterdam, Netherlands

Hosted by C5 Group, the 17th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns for another exciting year with curated programming that will provide up-to-the-minute information and strategic insights on...more

WilmerHale

Recent Appellate Decision Overturns Revocations of Broad Institute CRISPR-Cas9 Patents

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This past Thursday, the Board of Appeals of the European Patent Office released the minutes of oral proceedings in which the Board rendered a decision in closely watched appeals relating to Broad patents directed to...more

Jones Day

Finish in Eight Months: The EPO Sets Timeline for New Accelerated Opposition Practice

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The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more

A&O Shearman

Changes in the global patent litigation landscape: The impact of the UPC

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The global patent landscape shifted very significantly in June last year, with the opening of the long-awaited European Unified Patent Court (the UPC). This single, one-stop judicial framework provides, for the first time, a...more

Jones Day

Unified Patent Court Publishes Its First Case Load Statistics

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The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Goodwin

K-Fee Provides a Warning to Life Sciences Companies - What You Say in Foreign Prosecution May Affect Your U.S. Claim Scope

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On December 26, 2023, the United States Court of Appeals for the Federal Circuit issued its decision in K-Fee System GMBH v. Nespresso USA, Inc. While nominally a case related to coffee makers, its teachings are highly...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | January 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Knobbe Martens

Federal Circuit Review | December 2023

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December 2023 Federal Circuit Newsletter (Japanese) - Intel Wrongly Denied Opportunity to Litigate License Defense that Could Unwind $2.1 Billion Judgment - In Vlsi Technology LLC v. Intel Corporation, Appeal No....more

WilmerHale

Federal Circuit Patent Watch: A comparative statement in a patent specification can be “definitional” for purposes of claim...

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Precedential and Key Federal Circuit Opinions - 1.  PARKERVISION, INC. v. VIDAL [OPINION] (2022-1548, 12/15/2023) (Prost, Wallach, and Chen)* - Chen, J. The Court affirmed the PTAB’s determination that the patent...more

McDermott Will & Emery

Espresso Yourself: When Prosecution History as a Whole Doesn’t Demonstrate Clear, Unmistakable Disclaimer

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s claim construction and related summary judgment rulings after determining that the district court erred in construing a claim term by...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2024

K-Fee System GmbH v. Nespresso USA, Inc., Appeal No. 2022-2042 (Fed. Cir. Dec. 26, 2023) In an appeal from a district court judgment of noninfringement, the Federal Circuit reversed the underlying claim construction...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Fitch, Even, Tabin & Flannery LLP

[Webinar] 180 Days of UPC: How It Started… How It’s Going… - November 29th, 9:00 am - 10:00 am PST

Please join Fitch Even for a free webinar, “180 Days of UPC: How It Started… How It’s Going…,” on Wednesday, November 29, at 9:00 a.m. PST / 10:00 a.m. MST / 11:00 a.m. CST / 12 Noon EST. The Unified Patent Court (UPC)...more

A&O Shearman

UPC: Better comply with UPC judgments – first penalty payment ordered

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On 18 October 2023, the Düsseldorf local division of the UPC in myStromer vs. Revolt Zycling (UPC_CFI_177/2023) imposed a EUR26,500 penalty on Revolt for breaching a preliminary injunction. This is the first penalty payment...more

Jones Day

The EPO Adopts a Patentee-Friendly Approach on Assessing Formal Priority Entitlement

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The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred...more

A&O Shearman

UPC Paris Central Division to decide on treatment of whether affiliates are the “same party” as their parent

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For the first time, on Thursday 26 October, an oral hearing took place at the Paris Central Division. It pertained to a preliminary objection lodged in a revocation action brought by Meril Group against a patent owned by...more

A&O Shearman

UPC denies third party access to revocation action and evidence

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In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more

McDermott Will & Emery

The UPC Means Business: Patentee Wins Preliminary Injunction

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The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

Wilson Sonsini Goodrich & Rosati

EPO's "10-Day Rule" to End October 31, 2023, "7-Day Rule" to Begin November 1, 2023

Beginning November 1, 2023, notices from the European Patent Office (EPO) will have a response period that is computed from the date noted on the communication. This represents a change in EPO procedures. Currently, EPO...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

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The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

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