(Cross-border) jurisdiction

Cross-border jurisdiction means that a national court accepts jurisdiction to grant measures which have effect outside its national jurisdiction, i.e. other states than the state of this national court. In cross-border patent litigation a court may for example grant an injunction against patent infringement in another state

(Cross-border) jurisdiction, Infringement, Inventive step, Kluwer Patent Cases, Litigation, Patents, Prior art

(Bristows)/

In this decision of the Patents Court, Meade J dismissed an infringement claim brought by Promptu against Sky, on grounds that Promptu’s patent lacked inventive step.  The decision is interesting as it grapples with issues of infringement where some steps of a claimed method are performed outside the UK.  The decision also provides helpful guidance…

(Cross-border) jurisdiction, FRAND, Litigation, SEP

(Dhenne Avocats)/

For the second time, I will have the pleasure and the Honor of welcoming Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and published in 2006…

(Cross-border) jurisdiction, Case Law, CJEU, FRAND, Litigation, Procedure, SEP

(Dhenne Avocats)/ /9 Comments

I have the pleasure and the honor of welcoming today Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and the Prix Cercle Montesquieu in 2007, published in…

(Compulsory) license, (Cross-border) jurisdiction, AI, Brexit, Case Law, CJEU, Covid-19, EPC, EPO, EPO Decision, European Union, FRAND, Infringement, Legislation, Litigation, ownership, Patents, SEP

(Dhenne Avocats)/ /4 Comments

The Odyssey, which became synonymous for an eventful journey, originally refers to the perilous return of Odysseus to his homeland of Ithaca after the Trojan War. After the year 2020, marked by the COVID-19 pandemic, 2021 also announces numerous challenges for the world, and patentees will undoubtedly have their lot. Without trying to take the…

(Cross-border) jurisdiction, (Indirect) infringement, Enforcement, Infringement, Injunction, Litigation, Netherlands, Procedure, SPC

(Brinkhof)/ /1 Comment

In his (or her) younger years at school, a once to be Dutch patent litigator was learned that the Netherlands share a borders with Germany and Belgium. On the geography maps, they seemed to be set in stone. History class already provided a different perspective: now friendly neighbours would once surprise each other with unannounced…

(Cross-border) jurisdiction, Competition, Injunction, Litigation, PAE, SEP, United Kingdom

, (Bristows)/ /5 Comments

The UKSC Unwired Planet & Conversant judgment[1] Background This combined appeal deals with the relationship between patent owners, whose patents are declared essential to certain technical standards, and manufacturers of mobile devices (implementers) that make use of those standards. In this case, the standard essential patents (SEPs) in issue had been declared essential to the…

(Cross-border) jurisdiction, China, Legislation

(Baker & McKenzie), (Baker & McKenzie FenXun (FTZ)), and (ZY Partners)/

In our blog of last December, we reported that China has established a new IP Tribunal within the Supreme People’s Court (the “SPC”) as a national IP appellate court akin to the federal circuit in the United States. The new SPC IP Tribunal commenced operation from Jan 1, 2019 in Beijing. Interim Judgment On March…

(Compulsory) license, (Cross-border) jurisdiction, Australia, Legislation, Validity

, (Clayton Utz)/

On 20 September 2018, the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 (Bill) was tabled in Australia’s House of Representatives. Among the amendments proposed was the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA), a change that could significantly impact IP licensing and assignment arrangements within Australia. The…

(Cross-border) jurisdiction, Germany, Procedure, United Kingdom

(Bristows)/

by Gregory Bacon The English courts are not averse to determining disputes concerning foreign rights, including intellectual property rights. Readers will no doubt be aware of the recent case between Actavis and Eli Lilly in which Actavis sought declarations of non-infringement in relation to the UK and foreign designations of Eli Lilly’s European patent concerning…

(Cross-border) jurisdiction, (Indirect) infringement, Germany, Jurisdiction, Scope of protection

(Rospatt Osten Pross )/ /1 Comment

The Bundesgerichtshof (German Federal Court of Justice) in the decision Audiosignalcodierung (judgement of 3 February 2015, X ZR 69/13) confirmed the principle established in the Bundesgerichtshof decision Funkuhr II, according to which the delivery of a product to a third party in a territory outside of Germany constitutes a patent infringement in Germany if the…