European Union Archives - Page 42 of 51

SPC cases are back and there are more to come: will the CJEU definitively heal the Medeva wounds on 12 march, or will it rub salt into them?

Miquel Montañá (Clifford Chance)/March 6, 2015

The Supplementary Protection Certificate (“SPC”) seas have been relatively calm after the turmoil caused by “Super Thursday” (i.e. 12 December 2013), when shortly before packing for Christmas the Court of Justice of the European Union (“CJEU”) published three judgments on SPCs in a row. However, over the last few months there have been recent developments,…

(Indirect) infringement, Case Law, European Union, Germany, Kluwer Patent Cases

Germany: Zwangsvollstreckung bei kartellrechtlichem Zwangslizenzeinwand, Higher Regional Court of Karlsruhe, 6 U 162/13, 19 February 2014

Jochen Buehling (Krieger Mes Graf & v. der Groeben)/March 5, 2015

The CoA Karlsruhe held that the fact that a referral is pending before the CJEU regarding the issues of the criteria for raising the FRAND defense (C-170/13 Huawei) does not justify the suspension of the enforcement of an infringement judgment issued against a defendant. The court also expressed their expectation that – even after a…

European Union, Italy

Decision expected in Italy on participation in Unitary Patent and Unified Patent Court

Kluwer Patent blogger/February 27, 2015March 18, 2017

In a surprise move, the Italian Ministry of Economic Development made a formal call last week on stakeholders to share their view as to what Italy should do with the Unified Patent Court (UPC) and Unitary Patent (UP) system. Italy is the only European country which has signed the UPC Agreement, but has stayed out…

European Union, UPC

UPC’s extraterritorial jurisdiction resulting from Regulation (EU) № 542/2014 amending “Brussels I (Recast)” Regulation № 1215/2012

Pierre Véron (Véron & Associés)/February 26, 2015

Pierre Véron is attorney-at-law at Véron & Associés, Paris, Honorary President of the European Patent Lawyers Association (EPLAW), Member of the Drafting Committee of the Rules of Procedure and Member of the Expert Panel of the Unified Patent Court. On 10 January2015, Regulation (EU) № 542/2014 of 15 May 2014 entered into force simultaneously with Regulation (EU) № 1215/2012, the…

European Union, UPC

Unified Patent Courts will hardly bifurcate proceedings

Kluwer Patent blogger/February 16, 2015

The possibility to bifurcate proceedings is a concern to many potential users of the future Unified Patent Court (UPC). Proceedings in Germany, in which infringement decisions may be rendered long before a judgment is given on the validity of a patent, serve as an alarming example. Moreover, bifurcation is said to be attractive to patent…

European Union, UPC

Jurisdiction Unified Patent Court extends to non EU countries

Kluwer Patent Blog/February 16, 2015

The new long arm jurisdiction provision in the Brussels I Regulation (recast) is one of the most remarkable elements of the Unitary Patent (UP) package, according to French lawyer and IP specialist Pierre Véron. Pierre Véron and Thomas Cottier of Bern University are the authors of the renowned Concise International and European IP Law, a…

European Union, UPC

Webinar on Unified Patent Court by Pierre Véron

Kluwer Patent Blog/February 11, 2015March 18, 2017

We are delighted to announce that on 12 February 2015 Kluwer Law International is hosting a free webinar by Pierre Véron on the Unified Patent Court. Wolters Kluwer present this webinar by Pierre Véron, Attorney-at-law, Véron & Associés, Paris, Honorary President of the European Patent Lawyers Association (EPLAW), Member of the Drafting Committee of the…

Belgium, European Union

Will the CJEU uncap the recovery of IP litigator fees?

Kristof Roox, Jan-Diederik Lindemans (Crowell & Moring)/February 11, 2015December 14, 2021

This question has been on the minds of many European IP litigation stakeholders since January 26, 2015. On that date, the Court of Appeal of Antwerp in United Video Properties v. Telenet referred some preliminary questions to the Court of Justice of the European Union (“CJEU”) regarding the (in)compatibility of Belgium’s system of capped recovery…

European Union

Recent judgment sheds further light on the "imminence" imbroglio

Miquel Montañá (Clifford Chance)/February 6, 2015

Rather ironically, Directive 2004/48/EC (the “Enforcement Directive”), which was meant to enhance the protection of intellectual property rights throughout the European Union (“EU”), had just the opposite effect, at least in one aspect. As the readers know well, the Directive requires the applicant of a preliminary injunction to prove that an act of infringement is…

European Union, UPC

'Differences between national law and Unified Patent Court law could be major problem'

Kluwer Patent blogger/January 31, 2015

The expected number of local divisions of the future Unified Patent Court (UPC) is so high that one may wonder if there will be any advantage in terms of specialization of judges and economies of scale. Bas Pinckaers, head of the patent department of Van Doorne and co-organizer of the Unitary Patent Package Conference on…