The EPO has recently announced it will ‘accelerate its processing of parallel opposition proceedings if it is informed by the Unified Patent Court or a national court or competent authority of a contracting state that an infringement or revocation action relating to a European patent or a Unitary Patent has been instituted before it.’ It…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright…
Mathys & Squire has brought a test case to try to improve the transparency of the operations of the Unified Patent Court. The law firm announced this on its website. Kluwer IP Law spoke to Nicholas Fox, partner at the IP firm and one of the people behind the initiative, and asked him what he…
The European Commission’s proposed Regulation to regulate standard essential patents (SEPs) in the EU has been a subject of much debate. Its explanatory memorandum sets forth its aim, including to ensure that “end users” (which includes small businesses and EU consumers) derive advantage from products that incorporate SEPs, at reasonable prices. Specifically, the proposed Regulation…
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…
