Jurisdiction

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(Cross-border) jurisdiction, European Union, FRAND, Germany, Patents, SEP, Unitary Patent, United Kingdom, UPC

(Hoffmann Eitle)/ /1 Comment

Following up on Thorsten’s blog post yesterday, I report on the second day of the Oxviews 9th Intellectual Property and Competition Forum, which took place in the Justizpalast in Munich on 19 June. This impressive building deserves the name Palast (in English “Palace”), and was a fitting venue for this meeting of thought leaders in…

Amendments, Brazil, Guidelines, Patents

(RNA Law)/

Divisional applications and pre-grant oppositions may be filed until the “end of the examination”. That is the wording of the Brazilian IP Statute (Law No. 9279/96, articles 26 and 31). Looks simple enough, but in the absence of a definition in the law of what constitutes the “end of the examination”, the BRPTO has been…

Infringement, Netherlands, Scope of protection

(Brinkhof)/ /3 Comments

Patent claims, and therewith infringement, can get lost in translation. The Dutch first instance court limited a patent’s scope of protection based on the Dutch translation of the claims. The Court of Appeal saw it differently. A thorough review of the translation of the claims remains necessary to avoid unwanted discussions on claim interpretation. To…

European Union, Patents, TRIPS, TRIPs Agreement

(Clifford Chance)/

As most readers will be well aware, one of the hottest topics in the patent world is the broadening of the Bolar provision envisaged in the Proposal for a Directive of the European Parliament and of the Council on the Union code relating to medicinal products for human use, and repealing Directive 2001/83/EC and Directive…

(Indirect) infringement, FRAND, Infringement, Injunction, Procedure, SEP, United Kingdom

(Bristows)/

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…

Equivalents, Infringement, Inventive step, Litigation, Novelty, Patents, Pharma, United Kingdom, Validity

(Bristows)/ /2 Comments

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)…

CJEU, France, UPC

(Dhenne Avocats)/ /1 Comment

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…

Amendments, Patents, Procedure, United Kingdom

, (Bristows)/

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…

Belgium, Case Law, Enforcement, Procedure

, (Stibbe) and (Dhenne Avocats)/

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…