Like Prudence the heroine of Amours à l’Italienne (Rome Adventure in English), UPC local division of Mannheim gives us a lesson of polyamory with the first UPC FRAND decision (November, 22, 2024, Panasonic v. Oppo), in which the Court reminds us of its Love for EU Law (and CJEU case law), but also, and above…
Forget about Gangnam Style, it is overrated. Aya Nakamura Djadja is more than ever the dance-floor song of the moment (especially since her performance at the 2024 Olympics Game opening ceremony). Is Joost Luchtballon able to dethrone the French Queen? Same question for UPC: after the French and the Italian Styles, now we also have…
The king is dead! Long live the king! An expression traditionally uttered at the death of a monarch to acclaim a new king on the death of his predecessor. Could it be applied to our traditional French saisie-contrefaçon at the advent of saisie-contrefaçon before the UPC? This question came to mind last week during a…
In an important decision rendered on 24 April 2024, the Commercial Chamber of the Cour de cassation (i.e., French Supreme Court) ruled that the assignment of a patent is not enforceable against third parties if it is not registered, but that the regularization of this situation during the infringement proceedings allows covering all acts of…
Is Germany no longer the Eldorado for preliminary injunctions (“PI”) applicants? Whatever the answer to this question, the UPC local division of the most famous German patent forum (i.e., Düsseldorf) has rejected Novartis and Genentech’s application for a PI against Celltrion relating to the anti-IgE antibody marketed under the name Xolair® (omalizumab), ruling that there…
While the patentability of further medical use claim defined by a dosage regimen used to be ruled out, the EPO’s Enlarged Board of Appeal has accepted them since decision G 2/08 in 2010. This patentability was also strongly debated before the French Courts, even after G 2/08, before being eventually recognized, although the interpretation of…
Reading the title of this paper, perhaps you will smile, thinking about all the discussions that this issue has already ignited, even before the UPC came into force. Since the beginning, most patentees in the pharmaceutical field were suspicious concerning the new jurisdiction, especially regarding the same old question: pro-patentee or not? Hostile/not hostile to…
The question of the role that UPC is likely to play in relation to SEPs (and therefore FRAND licenses) is one that I’ve heard most often since the new jurisdiction was born, certainly because the main aim of the UPC is to harmonize hitherto fragmented patent litigation in Europe, notably to improve legal certainty. However,…
This week we reported on the case between Huawei and Netgear, in which the defendant had obtained a production order for a comparable license granted by Huawei to Qualcomm, the production of which Netgear had obtained via a decision of the Munich local division on 24 April 2024. It is interesting to note that this…
Like a time machine, we began yesterday by examining the first revocation decision issued by the Munich Central Division on 16 July (see here), today we’ll be looking back at another earlier case, in which the Düsseldorf local division granted UPC’s first permanent injunction on 3 July. Note that this case has already been brilliantly…
