Mateusz Mierzwinski

In the ruling X ZR 161/23, the German Federal Court of Justice (FCJ) explored the determination of dispute value in a formulation patent case. The related European patent pertained to a solid formulation, suitable for oral administration of Fingolimod, an immunomodulatory drug, with cyclodextrin as an excipient. In an initial verdict, the German Patent Court (GPC) annulled the patent and set the dispute value at the legally permissible maximum of 30 million Euros. This estimate is much higher than the value usually derived from the respective infringement proceedings value, adjusted by a markup of 25%. The GPC referred to special circumstances, under which the sales of the respective medicinal product, marketed by the patent owner, and containing Fingolimod, must be considered when defining the dispute value during the remaining patent term. The FCJ ruled that the primary decision was based on legally incorrect considerations. Since the marketed medication doesn't contain cyclodextrin, a component of the formulation claimed by the disputed patent, the medicinal product doesn't leverage the patent's teachings. Therefore, no solid basis for substantial effect on the medicinal product's sales by nullifying the disputed patent is apparent. Conversely, the patent's value is determined by the capability to prohibit sales of embodiments leveraging the patent's teachings. This value is mirrored in the dispute value of infringement procedures. The FCJ presented the following guiding principles: a) The patent holder's anticipated sales of a specific pharmaceutical product during the possible remaining term of a formulation patent don't constitute a suitable basis for determining the dispute value in patent nullity proceedings if the pharmaceutical product doesn't leverage the teachings of the disputed patent. b) The dispute value of an infringement lawsuit is generally also a crucial reference point for the value of a patent attacked with a revocation action if the applications have been withdrawn in the infringement proceedings. #patents #intellectual #nullity #FCJ #ip

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❗𝗧𝘂𝗲𝘀𝗱𝗮𝘆 07/05/2024: 𝗨𝗽𝗰𝗼𝗺𝗶𝗻𝗴 𝗥𝘂𝗹𝗶𝗻𝗴 𝗮𝘁 𝘁𝗵𝗲 𝗘𝗨 𝗖𝗼𝘂𝗿𝘁 ⚖️ 𝗮𝗯𝗼𝘂𝘁 𝗗𝗼𝗽𝗶𝗻𝗴 𝗮𝗻𝗱 𝗚𝗗𝗣𝗥❗   🔨 What is the Court adjudicating? Was Austria's anti-doping authority within its rights to publish on its website an athlete's name, details of the violation, and the period of suspension? Or did the authority itself commit a violation, namely of GDPR? … and is Austria's highest sports arbitration tribunal USK at all competent to refer the question for review to the EU Court of Justice or is it inadmissible?   🔍 What did the Advocate General suggest? According to the advisory opinion, the case is admissible … … and the anti-doping authority was allowed to publish on its website the personal data of the athlete in relation to the doping violation 📢 What will the Court decide on Tuesday? ECJ Today always alerts you with a concise summary when the verdict is out. Accurate, easy to understand and in English language 📢 https://lyfx.ai/ecj-today/ #AntiDoping #dataprotection #CJEU #EUlaw #LegalInsight #EuropeanUnion #ECJToday #WADA #FundamentalRights #privacy

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'We are not done yet with the enactment of the [Minimum Wage] directive.' Torsten Müller (ETUI) & Thorsten Schulten (Hans-Böckler-Stiftung) review the progress made so far on #MinimumWage setting and the extension of #CollectiveBargaining since the adoption of the #MinimumWageDirective https://lnkd.in/g-372q75

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🇩🇪 #Germany - In June 2024, parliament passed a reform law on international crimes tried in Germany (#UniversalJurisdiction) that strengthens victims' rights and addresses some of the most criticised issues of recent years. Justice Info listed the positive (➕) and controversial (➖) main changes in this law. ⬇️ ➕ Representatives of the media and civil society had limited access to German trials due to a lack of translation and recording facilities. The CCAIL reform now allows trials of exceptional importance to be recorded and offers translation to the media. ➕ The CCAIL did define the crime of enforced disappearance, but it required that someone had made a formal enquiry into the whereabouts of the missing person and had not received a response from the competent authorities. This will no longer be an obstacle. ➕ The crime of sexual violence as a war crime and crime against humanity was adjusted to comply with the Rome Statute. Persecution on grounds of sexual orientation has been defined as a crime against humanity. ➕ Sexual slavery has been included in the Rome Statute and the term "sexual coercion" has been replaced by "sexual assault". ➕ Foreign representatives can no longer invoke functional immunity, which protected them from prosecution for official acts, for international crimes. ➕ Victims of serious crimes can now join international law proceedings as plaintiffs, entitling them to legal assistance and psychosocial support. ➖ Plaintiffs do not have an automatic right to a closing argument, although the court may authorise this. At the Koblenz trial, however, these statements were crucial for many victims. ➖ The new law requires victims in the same circumstances to share a lawyer. This complicates the work of lawyers, who lack the budget to form a support team, unlike the ICC. ➖ Certain crimes defined by the CCAIL exclude victims of psychological torture and racial discrimination from joining civil parties. A restriction criticised by Isabelle Hassfurther of the ECHR. Germany continues to play a leading role, despite criticism of the political influence of the Ministry of Justice over the Federal Prosecutor's decisions on criminal investigations, particularly when the alleged perpetrators are not present in the country.

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13 Mar 16:40: Parliamentary discussion in Germany 🇩🇪, with the first opportunity this year for the opposition to ask Scholz 🇩🇪 questions. The biggest question is why Scholz is against delivering Taurus. The statements probably give the clearest picture of Scholz motivations, yet: Scholz today at 13:07 CET: "We have to dilligently evaluate every decision. That is not weakness (Me: 😙) but is what our citizens deserve. And that includes for me (Scholz) what might include long-distance weaponry that requires the involvement of German 🇩🇪 soldiers - both inside and/or outside of Ukraine 🇺🇦 - to support such delivery. That is a line I do not want to cross. Of course that then led to questions from the opposition and a request to Scholz to explain: Scholz at 13:12 CET: "It is a far-reaching weapon, up to 500km, and it is a weapon I consider irresponsible to make available for operations without the involvement of German 🇩🇪 soldiers. That is my clear position. ... It doesn't matter if it is in Ukraine 🇺🇦 or if the target selection happens in Germany 🇩🇪, ..., it depends on the participation in selecting the target, where the missile hits, and this should not happen with the involvement of German 🇩🇪 soldiers. I, as chancellor, have the responsibility to prevent Germany 🇩🇪 becoming a party to the war." The follow-up question from the opposition was: “Requiring German soldiers to control any target-selection of Taurus is showing an absence of trust towards Ukraine 🇺🇦. Why do you mistrust the brave people and army of Ukraine 🇺🇦 who have so far adhered to absolutely all agreements?" Scholz reply at 13:14 (in this translation, strongly abbreviated because he was using complicated grammar, repetitions etc). The nonsense of the actual response is the same: "German 🇩🇪 citizens become afraid when topics like 'trust' are applied to war-or-peace questions and if dilligence is depicted as cowardice. I swore an oath to assure the safety of the Federal Republic of Germany 🇩🇪." Me: ‘My interpretation: "I don't want to do this, so am trying to further procrastinate in the hope I can continue to make delaying excuses" … i.e. still no difference: Are these the excuses of a man not up to his office and in way over his head, poorly leading a country that claims to lead at the heart of Europe, BUT DOESN’T, HASN’T and currently CAN’T for the past 2 years. The WRONG MAN in the WRONG PLACE at the WRONG TIME? ?🇩🇪🤮Sc🤡ol🐈z🐩🇩🇪?’:

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" 🚨 New Article Alert: European Macroregional Strategies: Overview on the Adriatic- Ionian Region Seaports 🌍 🌊 "   New article on the European Union's Strategy for the Adriatic-Ionian Region (EUSAIR) and its significant impact on seaports in this key area 📍 . Authored by the EUAbout Team in collaboration with C2I - Centre for Innovation and Entrepreneurship, the article analyses the strategic role of seaports in the Adriatic-Ionian Region, emphasising the importance of cooperation and cohesion. 🤝 The paper highlights how Macro-Regional Strategies like EUSAIR are driving competitiveness and fostering collaboration among crucial infrastructures.   Check out our publication to stay updated and explore our findings, available at: https://lnkd.in/dHhRiCiy . 🌐 ⚓   #AdriaticIonianRegion #EUSAIR #Seaports #EuropeanUnion #MacroRegionalStrategy #Cooperation #Growth #Sustainability

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🔎 Can the risk analysis for domestic violence be improved by considering leaking behaviour? 🔎 What should police preventive measures look like to prevent intimate partner homicides? Two newly published papers from the Deutsche Hochschule der Polizei department of Criminology and Interdisciplinary Crime Prevention provide answers. ************** Paper 1: "Leaking in Intimate Partner Homicide: A Systematic Review" As part of the project "Police Risk Assessments for Homicides in Partnerships and Families" (GaTe), funded by the Federal Ministry of Education and Research, Tanita Rumpf, Stefanie Horn, Dr Catharina Vogt, Dr @Kristin Göbel, Prof Dr Thomas Goergen, Kim Marie Zibulski, Vanessa Uttenweiler, and Prof Dr Rebecca Bondü conducted a systematic literature review. ➡ They identify behaviours under the concept of 'leaking', commonly used in the study of rampage and terrorism, that allow for the prediction of potential intimate partner homicides (such as threats of violence, observable planning activities, or a marked interest in similar incidents). The findings were published in the journal "Trauma, Violence & Abuse": link. 🤝 Police Headquarters Ravensburg & Psychological University Berlin The research findings are conveyed within the DHPol annual training programme ( 💡 No. 40 and 41/2024: Domestic Violence – Risk Analysis and Danger Management). 🤝 Polizeipräsidium Ravensburg & Psychologische Hochschule Berlin The research findings are conveyed within the DHPol annual training programme ( 💡 No. 40 and 41/2024: Domestic Violence – Risk Analysis and Danger Management). ************** Paper 2: "Intimate Partner Homicide: Risk Constellations in Separation Conflicts and Points of Intervention for the Police" Using three case studies of (attempted) intimate partner homicides, Stefanie Horn, Dr. Catharina Vogt, Chiara Wüller, and Prof. Dr. Thomas Goergen examine how police preventive measures should be designed to prevent lethal cases of domestic violence. Their recommendations: ➡ For better risk assessment, the history and overall picture of the case should be considered. ➡ Measures aimed at potential perpetrators, ranging from warning conversations to detention, should be strengthened. ➡ Collaboration with social sector organisations is ideal – for supporting both potential perpetrators and victims, as well as for risk assessment and prevention of incidents. The contribution is published in the journal "Policing: A Journal of Policy and Practice": link.: https://lnkd.in/eJyqXz5N 🤝improve_HEU & EU Science, Research and Innovation Original post by DHPOL. © 📷: Laura Dodsworth

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Do you live in Switzerland and want to bring your family members still living abroad to Switzerland? In this blog post, Jeannine Dehmelt and Giulia Hiddink give you an overview of the different requirements for family reunification for EU/EFTA nationals and Swiss citizens and explain a potential related legislative change. Read more here: https://lnkd.in/ee3V3ENg #blog #immigration #familyreunification #residencepermit #vischer

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🚨 BREAKING NEWS 🚨 Germany’s Highest Court Dismisses Lawsuit on OAL Pipeline. The Federal Administrative Court, the Supreme Court of Germany (Bundesverwaltungsgericht), today dismissed the lawsuits of two NGO's in relation to the planning and permitting of the Ostsee Anbindungsleitung (OAL) Project, a 50km offshore pipeline intended to connect two FSRU’s in the port of Mukran to the existing gas network in Germany.    In June 2022, the German government passed the LNG Acceleration Act (LNGG) to improve energy security. According to the LNGG, the national energy supply is to be secured by the rapid integration of liquefied natural gas into the existing gas transmission network. Shortly after the LNGG Act was passed, StreamTec Solutions AG (STS) began working on a conceptual design for an LNG Terminal which will be used to transport hydrogen in the future. The project was completed by STS and GASCADE in less than 18 months, a world record for this type of offshore pipeline construction.   The NGO’s had claimed that the OAL violated environmental legislation but the Federal Administrative Court rejected all of the plaintiffs' objections to the legality of the permit. The expedited implementation of the OAL serves the public interest for a secure and diversified gas supply to Germany and is necessary for reasons of overriding public interest and in the interest of public safety. The environmental assessments of construction-related impacts on reefs, marine mammals and resting birds have been carried out properly and the effects of the project on the global climate were accurately considered. The applicable nature conservation and species protection legislation have been met throughout the permitting process.   Lukas Brunnschweiler, Permitting Manager of StreamTec Solutions AG added “We are pleased with today’s court ruling. It confirms that, despite the ultra fast-track nature of the project, the planning and permitting was meticulously executed by STS and our client GASCADE to limit environmental impact and in accordance with the applicable legislation." For more information on the announcement, visit: https://lnkd.in/dKUVeyw4 #Gascade #Hydrogenready #LNG #Hydrogen #Gaspipeline #EnergyInfrastructure #OffshoreProjects #balticsea #SustainableFuture #GreenEnergy

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As we look towards the amendments to the Swiss Civil Procedure Code next year, it seems to be a good occasion to revisit and recapitulate the topic of representation of legal entities. 👉 Read this article by Remo Wagner and Simon Hofstetter: "Company Representation in Swiss Conciliation Hearings: Who Holds the Reins?" #Switzerland #disputes

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At the Import Promotion Forum, organised by SIPPO (Swiss Import Promotion Programme) a week ago in Lausanne (watch the short video here: https://lnkd.in/dPtzvCnj), the following issues, among others, were identified as requiring in-depth analysis in order to enable sustainable world trade: ➡ Supply chain traceability: Customers in Switzerland and Europe are demanding more and more information about where and how a product is made ➡Circularity: The use of valuable resources, for example in the textile sector, is important but faces significant regulatory hurdles. ➡Tools for better self-assessment by Business Support Organisations (BSOs) and their SMEs in terms of traceability and their level of sustainability fitness, and tools to measure the impact of activities taken ➡Digital tools: Information, e.g. re traceability, is often still only available on paper with limited access ➡Knowledge: BSOs are not always aware of the latest regulations in the EU and Switzerland, and need rapid support in terms of communication and implementation The following measures were mentioned as being necessary for SIPPO, together with the importer networks and the BSOs, to take in the near future ➡Better exchange of information, also between BSOs from all SIPPO countries,  e.g. by offering new digital knowledge platforms ➡More generally: development and distribution of supporting digital tools and training in their efficient use ➡Develop tools to identify new business opportunities that fall within the scope of the regulations and are likely to be successful in the target markets; train staff to understand the requirements of new regulations and new certificates ➡Clarifying who will bear the considerable financial burden of these measures, creating incentives for BSOs and SMEs to switch to sustainable production and supply ➡Standardise certifications and related processes Read more on SIPPO’s news https://lnkd.in/dnZzf_Ba #SIPPO #Swisscontact

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The Bavarian Administrative Court has published the judgment reasoning: The FRM II may continue to be operated and the lawsuit of the Bund Naturschutz has been dismissed. 👩‍⚖️ -> Find out more in the news article: https://t1p.de/gdx42 #judgement #VGH #news #conversion #neutrons

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Latest court news on the FFAR from Germany. Effectively, this is the court case that triggered FIFA's temporary worldwide suspension of nine key provisions of the FFAR on 30 December 2023. The long-awaited judgment of the Düsseldorf Higher Regional Court of 13 March 2024 in the injunction proceedings concerning the FIFA Football Agents Regulations (FFAR) between players' agents (Michael Frank) and FIFA and DFB is now available online at Justiz NRW: https://lnkd.in/eNtH9HJm (in German only). These are just a few general remarks by Prof. Peter W. Heermann translated from German into English (the original post in German https://lnkd.in/d3diMhrW): ➡ The hat-trick of decisions of the Court of Justice of the European Union Court of Justice of 21.12.2023 (Case C-333/21 European Superleague; Case C-124/21 ISU and Case C-680/21 Royal Antwerp) is not mentioned, but some (not all) antitrust aspects of these decisions have been taken into account and implemented by the court in Düsseldorf.   ➡ The court leaves many exciting and complicated legal questions unanswered - regrettable from a scientific point of view, perfectly understandable from a practical point of view, e.g: - Do the provisions in question have the object or effect of restricting competition? - Is the Meca-Medina test (the requirements of which are examined in great detail over several pages) even applicable as a justification in the present case, or is Article 101(3) TFEU the only justification? - Does FIFA have any regulatory power over football agents at all? ➡Rarely have I read a judgment in which a court has left so many legal questions unanswered. Instead, the Court examined every conceivable justification in detail - and, in my view, rejected them. That's how it works! Is this perhaps a model of procedural economy for other future sports antitrust decisions? ➡ The court does not feel bound by the dubious pretext (the carte blanche) that the TAS/CAS Tribunal Arbitral du Sport / Court of Arbitration for Sport / Tribunal Arbitral del Deporte given to the football associations with regard to the FFAR. This is a good thing in the interests of the correct application of comptetition law (in EU). More on the oral hearings, parties and law firms in the case can be found here: https://lnkd.in/d9rDizWT #FFAR #sportsbusiness #footballregulation #sportslaw #footballlaw #football #footballnews #footballagent #footballbusiness #fifa #uefa #kartellrecht #spielervermittler #ecj #cjeu #germany #düsseldorf #bundesliga #DFB #competition #ffaronline

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Kosovo has signed the 2005 Choice of Court and 2019 Judgments Conventions! The Conventions will enter into force for Kosovo only after it deposits instruments of ratification pursuant to Art. 31(2) of the 2005 Choice of Court Convention and to Art. 28(2) of the 2019 Judgments Convention. The 2005 Choice of Court Convention currently binds 35 States and the European Union. As for the 2019 Judgments Convention, there are currently 30 HCCH Members that are either bound by it or a Contracting Party for which it has not yet entered into force yet (the United Kingdom and Uruguay). For more information, please visit: https://bit.ly/4evHt8A #HCCH #Kosovo #privateinternationallaw #internationallaw #transnationallitigation #choiceofcourt #judgments

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In April 2019, surveillance on the client detected and thwarted. In May 2019, it was confirmed to have been conducted by the National Crime Agency. Where the service of CP and your own government collides, the powers of the State knows no bounds... The Close Protection Book. https://cpbook.co.uk #closeprotection #executiveprotection #countersurveillance #antisurveillance #protectivesecurity #securityindustry #security #bodyguards #surveillance #surveillancestate

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