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Nestlé and Clextral revoke Ojah plant-based protein patent at EPO

Following an appeal by Nestlé, the Boards of Appeal at the European Patent Office have revoked EP 2 706 867 (case ID: T0875/21 – 3.3.09), which belongs to meat-substitute protein manufacturer, Ojah....

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T 2432/19: Boards of Appeal declare in-person proceedings new “gold standard”

In July 2021, an EPO press communiqué confirmed that compulsory video conferencing is admissible, under the European Patent Convention, in appeal proceedings “in a general emergency”. Then, in November...

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EPO Boards of Appeal strike down important Nokia patent in Oppo row

The game of cat and mouse continues. In June, Nokia succeeded in obtaining a bench judgment, at the Regional Court Mannheim, which rejected an infringement case brought by Oppo against Nokia. Now the...

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EPO revokes Novartis everolimus patent in major victory for generics companies

EP 3 351 246 protects the use of everolimus (a rapamycin derivative) in combination with an aromatase inhibitor. It forms the basis of Novartis’s drug Afinitor, a treatment for breast cancer. The EPO...

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Enlarged Board of Appeal reshuffles cards for EPO rules of priority

The Enlarged Board of Appeal’s decision simplifies the transfer of priority rights for an application to the EPO. Following its latest decision in cases G 1/22 and G 2/22, the EPO now takes it as a...

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EPO Boards of Appeal revoke Edwards Lifesciences’ heart-valve patent

The dispute concerns Edwards Lifesciences’ EP 3 583 920, which protects a prosthetic valve frame. The Examining Division of the EPO granted the patent in 2020. In spring 2021, the Indian medical device...

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Comparison of opposition proceedings at the EPO and revocation actions at the...

Opposition proceedings before the European Patent Office (EPO) are an attractive forum for challenging patents; the procedure is virtually unrivalled worldwide in terms of value for money. The process...

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EPO new battleground in Nevro and Boston Scientific medical device dispute

Nevro, Boston Scientific and Medtronic are all leaders in the medical devices field. Following heated opposition against the granting of the former’s EP 2 207 587, which began in 2019, the EPO...

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EBA to consider claim construction questions in heat-not-burn dispute

Proceedings before the EPO Technical Boards of Appeal (BoA) between patent holder Philip Morris and opponent Yunnan Tobacco over a heat-not-burn patent have ended in a request for a referral (case ID:...

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“Figures show the EPO Boards of Appeal are highly productive, but it’s only...

The EPO Boards of Appeal’s balance sheet for 2023 does indeed sound excellent. “By the end of 2023 the number of pending cases was reduced to below 5,000 and the number of pending cases older than 30...

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