A recent reform of the Spanish Civil Procedure Act will introduce what the Recitals of Organic Law 1/2015 (“the Law”) call “other adequate means of dispute resolution in the non-jurisdictional route, as an indispensable measure for the consolidation of a sustainable public justice service” (according to the Spanish acronym, “MASC”). Recital IV of the Law…
One critical factor in developing generative AI is access to a large amount of well-structured data. As such, the EPO is sitting on a goldmine when it comes to AI tools for patent law. I was therefore excited to hear about the recent launch of the EPO’s “legal interactive platform“, which provides information about patent…
The Manual IP has been a cornerstone resource for intellectual property (IP) professionals for almost a century. The publication has undergone a significant redesign to enhance its user experience, making it more accessible and efficient for patent and trademark attorneys, in-house counsel, and other IP practitioners. It is essential to recognize the collaborative efforts involved…
The Swedish Patent and Market Court (“PMC”) recently issued a judgment on an important aspect of SPC law, namely the correct interpretation of the term ‘product’ under Article 1(b) of the SPC Regulation (see PMC 16666-23, 21 January 2025, English translation). This action was commenced by STADA, who challenged the validity of an SPC for…
It was within the discretion of the trial court to deny leave to amend a complaint because the proposed amendment, like the complaint it was intended to cure, failed to specifically identify the accused products. An inventor failed to show any error in the trial court’s refusal to consider his Third Amended Complaint asserting patent…
In this series, we will review the practice of the German Federal Court of Justice (Bundesgerichtshof or BGH, herein: FCJ) on key questions of patent law such as claim construction, added subject-matter, and patentability. This case law summary is intended for practitioners from all over the world, especially for those from outside of Germany. We…
In another standard essential patents (SEPs) case from the Unified Patent Court (UPC), on 18 December 2024 the Munich Local Division (LD) issued an injunction in favour of Huawei (UPC_CFI_9/2023, available in German here). The order prohibited Netgear from selling Wi-Fi 6 routers in Belgium, Germany, Italy, Finland, France, and Sweden. Netgear is also required…
Last Tuesday, the big news in the patent world was of course that the UPC’s Court of First Instance (CFI), Düsseldorf Division, in case 355/2023, found that if the defendant is domiciled in a Contracting Member State (in the case at hand, Germany), the UPC has jurisdiction to hear the infringement action in respect of…
In 2024, the Brazilian Patent and Trademark Office (BRPTO) introduced pivotal changes to the appeal stage. Appeals has long been critical for applicants seeking to overturn unfavorable first-instance decisions. Historically, examiners at the appellate level have had to correct procedural inconsistencies from first instance, leading to prolonged delays—often exceeding two years for final decisions—that undermine…
In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed or that such infringement is imminent. Additionally,…
