In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…

The recruitment of judges for the Unified Patent Court will start soon, now that the Preparatory Phase preceding the opening of the Unified Patent Court has officially begun. According to the UPC Preparatory Committee the preparatory phase will last at least eight months. The UPC Preparatory Committee stated on its website: “Austria was the first…

Recently, the UK Intellectual Property Office (UKIPO) has launched a call for views in order to better understand how effective the current Standard Essential Patents (SEPs) framework is in encouraging creativity, innovation, and promoting competition. Ultimately, the call aims to determine whether legislative changes are required. An interesting aspect of this call is that an…

Since the Eurasian Patent Convention was signed in 1994 it has been shaping the global IP landscape. In the 25 years 22.700 Eurasian patents were granted at the Eurasian Patent Organization (EAPO).  Recently Eurasia expanded the activities to include the applications of industrial designs and although it is not yet possible to file Eurasian trademarks,…

As we begin year three of the COVID-19 pandemic, the rise of the Omicron variant has caused many workers, who had returned to the office during summer and fall 2021, to revert to working from home. This trend has further increased speculation that remote working arrangements will become more widespread, even after the pandemic ends,…

A person of ordinary skill in the art could not determine the effective dose of the active ingredient in Tecfidera from the original patent specification. A West Virginia federal district court’s decision that certain claims of a Biogen patent directed to the multiple sclerosis treatment drug Tecfidera were invalid for lack of written description support…

The UK and US governments have recently launched calls for views regarding their SEP and FRAND policies, in order to understand the opinions of all the stakeholders, such as patent owners, implementers, consumers, etc. In the US, the Department of Justice (DoJ), the National Institute of Standards and Technology (NIST), and the United States Patent…

Due to recent developments in Germany, Slovenia and Austria, where parliaments gave their support to the Protocol for Provisional Application of the Unified Patent Court Agreement, it is likely that after many years of delay the new Court will open its doors in 2022 and also the Unitary Patent will finally see the light of…