The Bundesgerichtshof (German Federal Court of Justice, BGH) clarified the scope and limits of a prior use right of a manufacturer and supplier of components of a patented device (BGH, judgment of 14 May 2019, X ZR 95/18 – Schutzverkleidung). Under German patent law, a patent has no effect with respect to a party who…

A request for re-establishment should be filed within two months of the date of removal of non-compliance. This date may be the date on which the applicant became aware of the missed due date, even if the professional representative did receive the EPO communications mentioning the failure to comply with the deadline. Case date: 18 June…

One of the features that render the European Union’s Supplementary Protection Certificate (SPC) unique in comparison to similar legal instruments in other jurisdictions, including the United States and Japan, is that there is no legal provision expressly calling for any specific relationship or agreement between the patent proprietor (and SPC applicant) on the one hand,…

The Czech Republic will not ratify the Unified Patent Agreement in the near future, even if the Unitary Patent system takes the hurdles of the Brexit and the German constitutional complaint. According to a Price Waterhouse Coopers (PwC) report on the impact of the patent package, which was commissioned by the national IP office, the…

In the field of supplementary protection certificates (SPCs) in the European Union, the majority of all CJEU referrals resolved to date have dealt with the interpretation of the – presumably simple – condition that an SPC can only be granted for an active ingredient (or a combination of active ingredients) that is “protected” by the…

The PTAB improperly found that the patent is unpatentable in view of the prior art. Concluding that the Patent Trial and Appeal Board improperly construed certain claims in a patent for memory system circuits owned by Innovative Memory Systems, Inc. in an inter partes review filed by Micron Technology, Inc., the U.S. Court of Appeals…

Despite all uncertainty regarding the future, due to the ongoing Brexit saga and the German constitutional complaint, preparations for the Unitary Patent system are quietly going on. The EPO Select Committee gathered information on national measures accompanying the implementation of the system which was distributed among members of the Committee this summer. Also, the epi…

‘Why Berlin can’t wait for Brexit in matters of UPC’, is the title of a recent article on the website of the German law firm Kather Augenstein. Main point: if the Federal Constitutional Court dismisses the constitutional complaint against the Unified Patent Court Agreement, the German government will have to finish the ratification procedure immediately,…

Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for preliminary proceedings. Further, the fact that the case was complex, not only in relation to the patented subject-matter but also because of…