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EU Courts

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Gilead Sciences v. Academy of Military Medical Sciences — UPC Revokes Chinese Military Institute’s Remdesivir COVID-19 Patent for Lack of Inventive Step

The UPC Central Division in Milan revoked the Academy of Military Medical Sciences’ European patent on the use of remdesivir to treat COVID-19, finding the claimed invention lacked inventive step because prior art published just ten days before the priority date already identified remdesivir a

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M.M. Ristorazione v. Villa Ramazzini (CJEU C-132/25) — EU Court Rules Provisional IP Measures Cannot Persist Indefinitely Without Substantive Proceedings

The Court of Justice of the European Union ruled that Article 9(5) of the IP Enforcement Directive precludes national laws that allow provisional trademark measures to remain in force indefinitely when the rights-holder fails to file substantive proceedings within the mandatory deadline.

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Pelham v. Hütter (Pelham II) — CJEU Grand Chamber Defines ‘Pastiche’ Exception for Music Sampling, Requires ‘Recognizable Artistic Dialogue’

In the latest chapter of the 25-year Kraftwerk sampling dispute, the CJEU Grand Chamber held that the copyright ‘pastiche’ exception is not a catch-all but requires overt, recognizable artistic dialogue with the source work — with major implications for sampling, remix culture, and AI-ge

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UPC Court of Appeal — Amgen v. Sanofi & Regeneron (UPC_CoA_528/2024) — Sets Out the UPC’s Inventive-Step Framework: Realistic Starting Point, Objective Problem, “Would Not Could”

In a same-day companion ruling to Meril v. Edwards, the UPC Court of Appeal articulated a comprehensive inventive-step framework: identify the objective problem from the perspective of the skilled person, choose a realistic starting point in the prior art, and assess whether the skilled person &#821

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