Patents Update October 2011

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A periodical review on developments in European and Asian patent law & practice


Over the past 2 years, Bird & Bird has further strengthened the depth and breadth of its patent litigation practice.

 

Our patent litigation teams in Belgium, England, France, Germany, Holland, Italy, Spain and Sweden continue to thrive.  In Central and Eastern Europe, we now have patent litigation capabilities in Finland, Hungary, the Czech Republic and Poland.  In Asia, the firm's IP litigation practice is centred on China (Hong Kong, Beijing and Shanghai) and Singapore but we continue to service IP litigation in the SE Asia region from those hubs.  The Chinese patent litigation capability was further strengthened when the Hong Kong office entered into an association with the Chinese (domestic) firm Xiang Kun.  Through this association, we can now undertake advocacy in the Chinese courts.

 

In recognition of the strength and depth of the firm's patent litigation practice, earlier this year the international Intellectual Property group were proud to receive the titles "Patent Firm of the Year" and "Life Sciences Firm of the Year" from Who's Who Legal and the Managing IP Global Award for "Patent Firm of the Year" for Europe.  In addition the guide IAM Patent Litigation 250: The Worlds Leading patent Litigators (Europe and Asia) identified more leading individual lawyers from Bird & Bird than any other firm.

 

In this update, the features from Germany on pre-action inspection and France on costs awards illustrate the continuing impact of the IP Enforcement Directive on patent practice in Europe.  For England, we look in particular at the third rebirth of the Patents County Court under the auspices of HH Judge Birss and as always provide our commentary on the recent decisions on infringement and validity made by the English courts.  We have also provided a brief summary of the latest developments on the Community Patent project.  Finally, we have highlighted three recent decisions emanating from the US Supreme Court concerned respectively with inducement to infringe, ownership of federally funded inventions and the standard of proof applicable to an invalidity attack on a US patent.

 

Upcoming Event

 

The IP group is intending to host its biannual Patent Litigation Seminar in London on Thursday 24th November.  The seminar will address the trends emerging from the decisions emanating from Europe's patent litigation courts over the last two years as well as the latest procedural developments both in the UK as well the rest of Europe.  If you're interested in attending this seminar please contact karla.fryer@twobirds.com.

 

Contents

 

England:  the "new" Patents County Court

England:  commentary on patent litigation statistics

England:  patent litigation statistics 2009, 2010 and first half of 2011

England:  MMI v Cellxion - adducing new evidence of invalidity after judgment

France:  a new era for the recovery of lawyer fees in patent cases

Germany:  pre-trial Inspection in patent infringement actions

Germany:  new procedural rules in patent revocation actions
Germany:  new case law of the German Federal Court of Justice on "software patents"
Singapore:  Court of Appeal clarifies test for adducing further evidence in an appeal to the High Court

Spain:  the commencement of the effects of European patents

Community Patent:  an update on the Community patent project

US: recent patent law developments

 

To view the Update in full please click here.

 


Contact Us

Belgium Bruno Vandermeulen bruno.vandermeulen@twobirds.com
China Matthew Laight matthew.laight@twobirds.com
Czech Republic Vojtech Chloupek vojtech.chloupek@twobirds.com
Finland Ella Mikkola ella.mikkola@twobirds.com
France Yves Bizollon yves.bizollon@twobirds.com
Germany Christian Harmsen christian.harmsen@twobirds.com
Hungary Andrea Simandi andrea.simandi@twobirds.com
Italy Massimiliano Mostardini massimiliano.mostardini@twobirds.com
The Netherlands Marc van Wijngaarden marc.van.wijngaarden@twobirds.com
Poland Maciej Gawronski maciej.gawronski@twobirds.com
Singapore Alban Kang alban.kang@twobirds.com
Spain Manuel Lobato manuel.lobato@twobirds.com
Sweden Sara Sparring sara.sparring@twobirds.com
UK Neil Jenkins neil.jenkins@twobirds.com   


The content of this update is of general interest and is not intended to apply to specific circumstances. The content should not, therefore, be regarded as constituting legal advice and should not be relied on as such. In relation to any particular problem which they may have, readers are advised to seek specific advice. Further, the law may have changed since first publication and the reader is cautioned accordingly.

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