Category: European Patent Office
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Unified Patent Court injunction in 10x Genomics v. NanoString could be reinstated as EPO Opposition Division upholds patent in ‘slightly amended form’
Context: The Unified Patent Court (UPC) opened its doors on June 1, 2023, and only a few months later, in September 2023, 10x Genomics won a preliminary injunction against rival NanoString in the Munich Local Division (LD). NanoString nearly went out of business as a result of that loss, but apparently found an acquirer. The…
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‘SEPs are life’ but finite resources, geopolitical circumstances put proposed EU SEP Regulation on ‘timeout’: European Commission’s Kamil Kiljański
Speaking at a SEP conference in Warsaw today, DG GROW IP deputy director Kamil Kiljański emphasized that the European Commission’s decision to withdraw its proposed SEP regulation was only on a “timeout” and that a large factor that contributed to this was a shift in geopolitical circumstances – in particular those in the U.S. and…
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A ‘breakthrough’ that may have gone ‘too far’: fallout follows ECJ’s cross-border jurisdiction ruling
European patent attorneys have largely welcomed a European Court of Justice decision allowing courts to rule on the infringement of U.S., UK, and other foreign patents (as well as award damages and injunctions). But those in foreign jurisdictions, such as China, are concerned that the ruling could lead to “significant chaos” and that the court…
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European patent attorneys rejoice: Technical Board of Appeal sees no need to adapt description to more limited claims
A Technical Board of Appeal of the European Patent Office has held that the description of a patent does not have to be adapted to match allowable claims of more limited subject matter.
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UPC’s standard for added subject matter remains unresolved after Hague LD decision: EPO ‘gold standard’ or lower hurdle?
The Unified Patent Court’s The Hague Local Division adjudicated a couple of preliminary injunction requests, granting one and denying the other. Interesting legal questions were discussed, but have yet to be resolved definitively.