The Court of Appeal of the Unified Patent Court has overturned the preliminary injunction issued by the Munich local division against NanoString in its conflict with US biotech company 10xGenomics. The court cited substantial concerns about the invalidity of the asserted claim of 10xGenomics’ European Patent 4108782 B1, noting that “on the balance of probability…
The proposal of the European Commission on the Regulation of SEP’s (the “Proposal“) has elicited criticism from various sides, including patent attorneys and lawyers, law professors, the government of the Netherlands and Finland, prominent UPC judges (see here and here), the president of the EPO and leading SEP holders (such as Nokia and Qualcomm). The…
This piece deals with the Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC), addresses key concerns about the risk of unenforceability of PMAC arbitral awards, and proposes three implementable solutions. Competence and Enforcement of UPC and PMAC final decisions The PMAC, established by Article 35 UPC Agreement, can administer mediation and…
The extent of the problems with the content management system took the Unified Patent Court by surprise. Alexander Ramsay, registrar of the Court and former chairman of the UPC’s preparatory committee, has said this in an interview with Kluwer IP Law. According to Ramsay, the court is working hard and spending a lot of resources…
The European Parliament supports the introduction of a full ban on patents for all plants produced by certain New Genomic Techniques (NGT), plant material, parts thereof, genetic information and process features they contain. The ban, part of a proposal to introduce two different categories of NGT plants, got support in a vote today. The provision…
The SPC reform which is currently undergoing the legislative procedure in the European Union has taken a further decisive step forward, as the European Parliament’s Committee on Legal Affairs (JURI Committee) has approved an amended version of the draft text of the four new EU regulations on SPCs for medicinal and plant protection products as…
The potential of Standard Essential Patents (SEPs) in driving the ecological transition poses a compelling question. Could these patents be instrumental in fostering innovative technologies and ensuring interoperability of products that are key to the ecological transition? Indeed, within the framework of the European Green Deal, which aims for a climate-neutral Europe by 2050, the…
Ireland will hold a referendum on joining of the Unified Patent Court in June. This has been confirmed by the Irish government. In a post on LinkedIn, Neale Richmond, minister of state for business, employment and retail, announced: ‘Today, I confirmed to the Seanad that we will hold a Referendum this June to allow Ireland join…
The Court of Appeal of the Unified Patent Court has refused as inadmissible applications by law firms Mathys & Squire and Bristows to intervene in an appeal concerning public access to documents filed with the Court. As is explained in a press release of Mathys & Squire, in October ‘the UPC’s Nordic-Baltic regional division granted…
Since the start of operations 1 June 2023, the Unified Patent Court has received 160 cases. The court published an overview of the cases last week. The German local divisions are by far the most popular for infringement actions, and the language of 49 percent of the cases is German as well. The local division…
