A judicial and academic debate on standard essential patents (SEPs) in China has recently arisen. The issuance of anti-suit injunctions (ASIs) by Chinese courts in a relatively short period of time (between 2019 and 2020) and the ensuing TRIPS/WTO dispute between the EU and China over the TRIPS compatibility of such ASIs, exemplify such debate….
In April 2023, the European Commission (EC) published the pharmaceutical legislation package, including the proposal for a Pharmaceutical Directive[1] , and further proposals for regulations on SPCs[2]. Article 85 of the proposed Directive aims at providing an amended provision for the so-called Bolar exemption, currently codified in Article 10(6) of Directive 2001/83/EC. The initial EC proposal…
A sweeping reform of the European Union’s legislation on supplementary protection certificates for medicinal products and plant protection products is currently underway, which features the introduction of a new centralized SPC examination procedure at the EUIPO as well as the creation of a new unitary SPC on the basis of the unitary patent, as previously…
Nokia has started legal actions against Amazon in the US, Germany, India, the UK and at the Unified Patent Court for the unauthorized use of Nokia’s video-related technologies in streaming services and devices. Separately, Nokia filed cases in the US against HP. In a blogpost, Arvin Patel, chief licensing officer new segments at Nokia, states…
The president of the UPC local division The Hague has allowed to change the language of the proceedings from Dutch to English in an infringement action of Plant-e Knowledge and Plant-e against Arkyne Technologies, because ‘the language initially chosen [was] significantly detrimental to the Applicant’. The order of president Florence Butin was issued on 18…
The Unified Patent Court has refused to grant 10x Genomics a second preliminary injunction against rival NanoString, as it was not convinced of the infringement of 10x’s patent. The case concerned European Patent 2 794 928 B1 (EP 928 patent). In a reaction to the decision, 10x Genomics pointed out: ‘the injunctions granted by the…
The start of the Unified Patent Court is a very special time for patent enthusiasts in Europe. Johanna Flythström, a Helsinki-based partner of law firm Roschier has said this in a podcast interview on the occasion of the launch of the new UPC Case Law Tracker from Wolters Kluwer. “There was a lot of anticipation building…
The Helsinki division of the Unified Patent Court rejected an injunction request by AIM Sport against Supponor, because the reversal of the opt-out of the patent in dispute was deemed in contradiction with the UPCA. Article 83 (4) of the Unified Patent Court Agreement reads: ‘Unless an action has already been brought before a national…
UPDATE: The Unified Patent Court granted US biotech company 10x Genomics a preliminary injunction against rival NanoString. It was the UPC’s first PI in a case were an oral hearing was held with both parties. NanoString has announced it will appeal the order in the UPC Court of Appeal in Luxembourg. Earlier, an ex parte PI…
The level of transparency at the Unified Patent Court is far below what would normally be considered acceptable in civil court proceedings in most of the EU member states, says UK, Dutch and European patent attorney Joeri Beetz of law firm Keltie. He decided to build a UPC search site himself. Kluwer IP Law interviewed…
