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UPC scenario 4: Challenging a non-opted out European patent


How might a clearing-the-way case proceed once the UPC is in force? In the latest article in our series, David Rose, Nina O’Sullivan and Axel Walz consider the options for a patent challenger who wishes to launch a competing product

For a generic pharmaceutical manufacturer, seeing the way clear to market in the EU in one action within a short space of time is potentially very appealing. Leaving on one side the possibility of EPO opposition proceedings, where a European...


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