The Unitary Patent system can start in the near future. That is one of the conclusions of a meeting held yesterday by the Preparatory Committee of the Unified Patent Court. According to a press release, on the agenda were “issues triggered by the recent events in Germany and the United Kingdom. The Committee took note…

This month the Mannheim Regional Court released a decision (here) in the dispute between Daimler AG, owner of the famous Mercedes-Benz brand, and the Finnish company Nokia (also see our previous post on this blog (Another CJEU ruling on standard-essential patents and FRAND looks inevitable). The controversy centred on Nokia’s European Patent EP2981103, which the German…

Declarations from generic drug makers alleged only possible future injury from implementation of the 2019 law that created a presumption that so-called “pay for delay” settlement agreements are anticompetitive. A trade association for the generic pharmaceutical industry failed to demonstrate standing to challenge a California law that created a presumption that “reverse payment” settlement agreements…

The UKSC Unwired Planet & Conversant judgment[1] Background This combined appeal deals with the relationship between patent owners, whose patents are declared essential to certain technical standards, and manufacturers of mobile devices (implementers) that make use of those standards. In this case, the standard essential patents (SEPs) in issue had been declared essential to the…

Another chapter in the pemetrexed saga: Barcelona Commercial Court No. 4 has ruled on infringement in the very first case worldwide concerning pemetrexed diarginine, a salt form of pemetrexed chosen by Sandoz in the wake of the outcome of the landmark Actavis case of the Supreme Court of the United Kingdom (Judgment dated 12 July…

In this decision, the German Federal Court of Justice deals with a number of practical issues concerning service inventions by German employees. In particular, it ruled on what must be contained in the employee’s inventor’s report and whether an assignment given by the employee in order to enable the employer to file for a US…

Mr Justice Morgan handed down judgment on 22 July 2020 ([2020] EWHC 1968 (Pat)) in relation to two patent infringement actions brought by Lufthansa which were heard together.  The first infringement action was against two defendants, Astronics Advanced Electronic Systems and Safran Seats GB Ltd.  The second action was against Panasonic Avionics Corporation. It is…

The Court of Appeal of the Hague held that entering into a second exclusive licence contract is possible, but the failure to end the first contract in the present case constituted unlawful behaviour and tort. Further, the Court discussed the extent to which a tort between two parties can affect the liability of third parties….

Cars and other motor vehicles operate such sophisticated communication technologies that today they operate almost like “smartphones on wheels”. This dependency on electronic communication means auto-manufacturers require access to the latest 4G and 5G standards essential to navigation and communications. Of course, these essential technologies are often patented and thus there are a range of…

Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of law, some patents cases and some not.  In the majority of these cases, Floyd LJ (or a…