Read all the (latest) blogs from:
Australia, Austria, Belgium, Bulgaria, China, Czech Republic, Denmark, EPC, Estonia, European Union, Finland, France, Germany, Hungary, Iceland, India, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States of America
Proceedings on the merits and proceedings on provisional measures may be lodged separately before the UPC, but it may also be the case that as part of the infringement case provisional measures are requested. In such a case before the Helsinki local division the first instance court held that the UPC was not competent (see…
On the 23 May 2024, the English Patents Court dismissed an application by Lenovo for an interim injunction to prevent Ericsson infringing one of Lenovo’s patents pending the outcome of the UK proceedings ([2024] EWHC 1267 (Ch)). In particular, the Court found that the application failed on the basis that damages are an adequate remedy…
Advanced Cell Diagnostics v Molecular Instruments [2024] EWHC 898 (Pat) On 23 April 2024, Mr Justice Meade handed down his judgment in the dispute between Advanced Cell Diagnostics (ACD) and Molecular Instruments (MI). ACD is the proprietor of two European patents which relate to in situ detection of nucleic acids in single cells. EP (UK)…
Readers are familiar with the story of the founding of the UPC, which “obliged” its founders to make it an ad hoc Court, not integrated into the European judicial system (with a reinforced cooperation agreement between the members of the UPC). The fragility of this system has provoked much criticism (e.g., our comments here). The…
On 23 April 2024, the Court of Appeal handed down its judgment in the appeal arising from the January 2023 decision of Meade J in AIM v Supponor [2023] EWHC 164 (Pat). AIM is the proprietor of EP (UK) 3 295 663, which relates to technology that allows TV broadcasters of live events to superimpose…
In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said authorisation can later be opposed by the seized party. The seized party can in particular argue that IP right invoked was not prima facie valid. By the time…
It is well known that the EPO Boards of Appeal take a strict line on admissibility of new elements of the appeal case under Articles 12 and 13 RPBA. But if the request to hold new elements inadmissible is itself filed late, the admissibility of the inadmissibility request may be questioned, see e.g. T 500/16…
There are now three interesting developments, albeit in quite different areas, which have in common the effort to avoid stepping on banana skins on the path towards a more unified patent system. The first one, published last week, was a decision by the Court of Appeal (CoA) itself, which took the opportunity to clarify that…
As of December 1st, 2023, Brazil is leading G20, wherein one of the three priorities to be addressed is tackling climate change, with a focus on energy transition, in addition to promoting sustainable development in its economic, social and environmental dimensions[1]. At this same date, the BRPTO launched a new commission, namely: sustainability and biotechnology…
In a revocation action the patent may be amended by the patent proprietor. According to Rule 30 RoP this should be done with an application; for subsequent amendments the explicit approval of the court should be sought. In the present case the patent proprietor tried to introduce amendments that had also been filed in another…
