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EPO: R2/14, European Patent Office, Enlarged Board of Appeal, ECLI:EP:BA:2015:R000214.20150217, 17 February 2015

A panel of the Enlarged Board of Appeal (EBA) of the EPO rejected a request to replace the EBA chairman for suspected partiality. The reasons for allowing such a request in decision R19/12 had since been removed because the chairman had discontinued all his managerial activities in the senior management committees of the EPO. Under the new circumstances it remained for the chairman to judge in each individual case to preserve a balance between his potentially conflicting judicial duties and his duties as vice-president of the EPO. Until proven otherwise, the chairman was presumed thus to avoid partiality.

A full summary of this case has been published on Kluwer IP Law.

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Germany: Sterilcontainer, Court of Appeal of Dusseldorf, I-15 U 19/14, 27 March 2014

At a tradeshow in Düsseldorf the Defendant co-organized a so called “Turkish Pavilion” featuring several companies of the Turkish region “Samsun”. The Court held that this role of the Defendant was sufficient to be held liable for patent infringement, even where the Defendant itself did not manufacture or sell the products. Exhibiting at the tradeshow was considered as an offer for sale which would infringe the exclusive rights of the patentee.

A full summary of this case has been published on Kluwer IP Law.

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UK: Actavis Group PTC EHF v. Pharmacia LLC, High Court of England and Wales, Chancery Division, Patents Court, HP14A01503, 11 July 2014

The English High Court (Arnold J.) has granted an application for a stay of the UK High Court proceedings to revoke the UK designation of an EP patent pending the outcome of opposition proceedings at the EPO. The decision is unusual as Arnold J had previously refused to stay the validity proceedings in this case on several grounds including the lengthy duration of the EPO proceedings. Following Arnold’s first decision dated 11 July 2014, Pharmacia offered two additional undertakings, which led Arnold J. to tip the balance in favour of a stay.

A full summary of this case has been published on Kluwer IP Law.

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EPO: T236/12, European Patent Office (EPO), Board of Appeal, 05291183.1, 14 November 2014

During examination poor quality drawings had been replaced by drawings that made more details visible. The opponent argued that replacement of these drawings by the original drawings, to overcome Article 123(2) objections, extended the scope of protection (Article 123(3)). The board concluded that the skilled person remained clearly able to determine what was protected, because the technical features of the claims had been discussed extensively and with sufficient detail in relation tothe drawings as filed with the application.

A full summary of this case has been published on Kluwer IP Law.

 

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Germany: Analog-Digital-Wandler, Federal Patent Court of Germany, X ZR 2/13, 27 May 2014

The FCJ held that the Defendant in a nullity action is only required to prepare an auxiliary request following the preliminary opinion of the Federal Patent Court which takes those aspects into consideration which were mentioned by the Patent Court. In general, there is no reason for the Defendant to prepare additional auxiliary requests with regard to other attacks which were not addressed by the Patent Court in the preliminary opinion or which were considered by the Patent Court as not successful.

 A full summary of this case has been published on Kluwer IP Law.

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EPO: T1938/09, European Patent Office (EPO), Board of Appeal, ECLI:EP:BA:2014:T193809.20141002, 2 November 2014

A panel of the Enlarged Board of Appeal (EBA) of the EPO rejected a request to replace the EBA chairman for suspected partiality. The reasons for allowing such a request in decision R19/12 had since been removed because the chairman had discontinued all his managerial activities in the senior management committees of the EPO. Under the new circumstances it remained for the chairman to judge in each individual case to preserve a balance between his potentially conflicting judicial duties and his duties as vice-president of the EPO. Until proven otherwise, the chairman was presumed thus to avoid partiality.

A full summary of this case has been published on Kluwer IP Law.

 

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