This decision dealt with the practically important question of whether the claim can still be waived in the proceedings on the complaint against denial of leave to appeal, i.e. after the conclusion of the appeal proceedings. This becomes particularly relevant if the patent in suit is held invalid and the opposing party does not agree…

The Unified Patent Court will lead to a concentration of forces in the European patent litigation sector. That is the expectation of Richard Ebbink, partner at Brinkhof, and Georg Rauh, partner at Vossius. In September, their firms announced they would start cooperating in a new brand, Vossius and Brinkhof UPC Litigators. Kluwer IP Law interviewed…

The so-called proportionality defense according to Sec. 139(1) clause 3 (hereinafter simply “proportionality defense”) is one of the newest provisions of the German Patent Act. It has only been introduced in August 2021 through the Patentrechtsmodernisierungsgesetz, a typical German word monster, of which an informative summary was posted here. The main driver of this proportionality…

This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row. The tenth panel session of the AIPPI Online World Congress 2021 addressed global FRAND determinations by national courts and out-of-jurisdiction judgments in the form of anti-suit and anti-anti-suit injunctions….

Germany and Slovenia have ratified the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement. According to a report of the UPC Preparatory Committee, the German government deposited the instrument of ratification for the PPA on 27 September 2021. It wrote: “This is a decisive step on the way to the establishment…

Recruitment of judges and top officials of the Unified Patent Court, training of staff and work on the CMS are some of the tasks that lay ahead now that the Period of Provisional Application of the UPC is approaching. Alexander Ramsay, chairman of the UPC Preparatory Committee, has said this in an interview with Kluwer…

The Unified Patent Court will open its doors for cases around mid-2022. That is the expectation of the UPC Preparatory Committee, which has published a time plan for the Provisional Application Period (PAP) and start of the UPC today. According to the plan, the PAP will have to be approximately eight months “to conclude all the work…