Remove topics effective-filing-date
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[UPCKat] Preliminary injunctions in the UPC: CUP&CINO v Alpina Coffee Systems

The IPKat

Because there was no infringement, relevant topics such as the weighing of the parties' interest and the question of urgency are left open by the Court (see p. Rule 5(6) RoP includes an exemption to that rule and determines that if an “action” has been filed prior to opt out, the opt-out will be ineffective.

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Reliance on a silent technical effect: Application of G 2/21 to semiconductors (T 2465/19)

The IPKat

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). This often creates a problem for applicants in cases where a purported technical effect requires experimental evidence.

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Enlarged Board of Appeal to tackle the "Humpty Dumpty-ish" plausibility question (G2/21)

The IPKat

As expected, the Board of Appeal in T 116/18 has now referred to the Enlarged Board of Appeal (EBA) questions on the use of post-filed evidence to establish plausibility for an invention. The Opponent submitted their own data, showing that compounds falling under the scope of the claim did not have synergistic effect against P.

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Seeing Clearly: Article III Standing of IPR Judicial Review

Patently-O

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 49
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EPO under fire for its approach to ST.26 sequence listings

The IPKat

26 sequence listings for newly filed European divisional applications. Unlike the TXT file, the ST.26 26 XML files themselves are difficult to decipher without WIPO sequence or other XML reading software ( IPKat ). 26 sequence listings to be filed for divisional applications, even when the parent application was filed with a ST.25

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Making a Proper Determination of Obviousness

Patently-O

.” Accounting for the AIA’s Change to the Obviousness Timeframe An important preliminary note in the guidelines acknowledges that the America Invents Act (AIA) changed the relevant timeframe for the obviousness inquiry from the “time the invention was made” to “before the effective filing date of the claimed invention.”

Art 121
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Supreme Court on Patent Law for October 2022

Patently-O

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The petition was filed by noted Jones Day attorney Greg Castanias along with former SG Noel Francisco and BMS (Juno) deputy GC Henry Hadad.