(Compulsory) license, (Cross-border) jurisdiction, (Indirect) infringement, FRAND, Infringement, Litigation, Patents, United Kingdom

, (Bristows)/ /Leave a comment

The Court of Appeal’s judgment in Optis Cellular Technology LLC v Apple Retail UK Ltd [2025] EWCA Civ 552, handed down on 1 May 2025, is arguably the most significant UK FRAND decision since Unwired Planet v Huawei. It not only overturns the High Court’s FRAND determination but re-establishes the centrality of a comparables-based approach…

Patents

, (RNA Law)/ /Leave a comment

*Also co-authored by Tatiana Costa Vaccination plays a crucial role in the prevention of diseases caused by etiological agents. The origins of vaccines trace back to the late 18th century, when Edward Jenner demonstrated the effectiveness of using cowpox as an immunizing agent against smallpox. Vaccines have made an undeniable contribution to public health by…

Patents

(Clifford Chance)/

As patent aficionados are well aware, after the European Patent Office (“EPO”) published Decision G 0002/21, there was widespread expectation across Europe regarding whether or not the few national courts that require some sort of “plausibility” as a precondition for inventive step and/or sufficiency, would adapt their case law to the test introduced by G…

Patents

(Bugge Valentin)/

Article 9(4) of Directive 2004/48/EC obliges Member States to ensure that courts may issue provisional measures, including injunctions, without giving prior notice to the defendant in certain circumstances. This applies, in particular, when a delay is likely to result in irreparable harm to the rights holder, or when there may be a real risk that…

FRAND, Patents, SEP, UPC

(Dhenne Avocats)/

Much like Black Sabbath’s iconic track “Paranoid”—an anthem whose unsettling riffs once left skeptics bewildered—I find myself contemplating the equally discordant landscape of Standard Essential Patents (SEPs). As someone known for my passion for both music and the intricacies of patent law, I see uncanny parallels between the dissonant chords of early heavy metal and…

Injunction, Litigation, Pharmaceutical patent, United Kingdom, Validity

(Bristows)/

In the UK, as well as in many other countries, being the first to market with a generic or biosimilar to a leading branded medicine is a critical strategy that can offer a major advantage to a company in a highly competitive landscape.  Being the first company to launch a generic product has several advantages. …

(Indirect) infringement, Infringement, Injunction, Patents, TRIPS, TRIPs Agreement, UPC

, (Bristows)/

As is well known in the life sciences community in Europe, both the Commission and the Parliament have proposed reforms to the Medicines Directive which, if implemented, would serve to broaden the ambit of the Bolar exemption in the European Union.  It is understood that the European Council is now considering these reforms and it…

Case Law, FRAND, SEP, Technology

(City, University of London) and (BPP Law School)/

Standard Essential Patents (SEPs) are at the heart of global technology markets, particularly in 4G/5G communications. While SEPs ensure interoperability, they also raise significant licensing challenges. As is known, to curb potential abuses, SEP holders must commit to licensing their patents on FRAND terms. However, determining what qualifies as “fair” and “reasonable” remains contentious. This…

FRAND, UPC

(Dhenne Avocats)/

“I still haven’t found what I’m looking for.” U2’s iconic lyric might capture how patent holders feel when an anti-suit injunction (ASI) from a foreign court threatens to derail enforcement in Europe. Rather than yielding, European courts often respond with a swift countermeasure: the anti-anti-suit injunction (AASI). An AASI prevents litigants from seeking or enforcing…