Case Law, Japan

, , (Abe, Ikubo & Katayama)/

On July 20, 2022, the Japan Intellectual Property High Court (“IP High Court”) rendered the first-ever decision allowing enforcement of Japanese patent rights against infringing acts partially committed outside of Japan (Case No. 2018 (Ne) 10077). The plaintiff Dwango Co., Ltd. sued co-defendants FC2, Inc. (U.S. company) and Homepage System, Inc. (Japanese company), alleging that…

Antibodies, Brazil, Pharma

(RNA Law) and , , (Licks Attorneys)/

The healthcare sector in Brazil is one of the most important in the world in view of the size of the population (+220 million people) and the availability of a universal public healthcare system. The action of antibodies as therapeutic agents may involve processes of neutralization, opsonization and activation of immune complement system, transforming them…

European Union, Unitary Patent, UPC

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Opt out your existing patents from the jurisdiction of the Unified Patent Court. That is the advice European patent attorney Martin Luten repeatedly gave to the audience of a webinar last month of his firm Arnold & Siedsma. In the webinar, Luten discussed the basics of the Unitary Patent (UP) and the Unified Patent Court…

Case Law, Germany, Validity

(Krieger Mes & Graf V. Der Groeben)/

This decision dealt with the practically important question of whether the claim can still be waived in the proceedings on the complaint against denial of leave to appeal, i.e. after the conclusion of the appeal proceedings. This becomes particularly relevant if the patent in suit is held invalid and the opposing party does not agree…

Patents, UPC

(Hoffmann Eitle)/ /10 Comments

Concerto Italiano – Preludio Johannes Karcher, acting chairman of the UPC’s Administrative Committee, is to be applauded for the interview he gave to the Kluwer Patent blogger recently, which sheds at least a little more light on the issues still to be addressed before the Unified Patent Court can go “live”. There are quite a…

European Union, Unitary Patent, UPC

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Starting tomorrow morning, external users can test the sunrise functionalities of the Unified Patent Court’s case management system for a three week period, until 16 December 2022. According to an announcement on the UPC’s website, ‘all tests will be carried out in the CMS test environment. This environment is a copy of the CMS production…

European Union, Unitary Patent, UPC

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Johannes Karcher, acting chairman of the Administrative Committee of the Unified Patent Court, is optimistic the court will open its doors in April 2023 as planned, despite the questions which have been raised with the authentication of users within the Case Management System. He expects a solution ‘rather soon’ for the relocation of UPC cases…

Patents

(Clifford Chance)/ /1 Comment

The judgment of 17 October 2022 recently handed down by the Patents Section of Barcelona Commercial Court of First Instance no. 4 is most interesting, for a variety of reasons. First, because the hearing of the case lasted for five days (2-5 May and 15 June), a length which is rather unusual in Spanish patent…