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New on Kluwer Patent Blog: Accord Healthcare Ltd. vs. Shire-NPS Pharmaceuticals Inc., Netherlands

The Court held that a selection invention is inventive if the compound of the selection offers surprisingly advantageous or improved properties over the prior art compounds. Continue reading

New on Kluwer Patent Blog: Mobile Sanitary Solutions B.V. vs. TWT Verhuur B.V., Netherlands

Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the outcome in the present case. Continue reading

Food fight: ‘BIG MAC’ EU trademark (provisionally) revoked

The European Intellectual Property Office (EUIPO) recently revoked the ‘BIG MAC’ EU trademark of fast-food chain, McDonald’s. According to the EUIPO, the name of the hamburger that is known across the world was not sufficiently demonstrated to be used in the European Union. At first glance, it appears an unusual decision. Continue reading

New on Kluwer Patent Blog: AcelorMittal France vs. Tata Steel IJmuiden B.V., Netherlands

The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. Continue reading