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The “French style” (at least in patent law), which is generally characterized by the will to do everything at the same time (validity and infringement of the patent), takes a serious hit with a recent Paris Court of Appeal judgment: the Judges propose a fragmented approach to a pan-European infringement for which they only want…
The decision concerns the provisional enforcement of a court judgment on patent infringement. In an earlier decision in the same proceedings the Federal Court of Justice (FCJ) ruled that where the patent in suit is declared invalid the provisional enforcement of the infringement judgment is to be suspended. Now the FCJ has confirmed that the…
In a position paper published on 23 December 2020, the IP Federation in the UK has expressed concern about the uncertainties surrounding the Unified Patent Court. According to Scott Roberts, president of the IP Federation, the value of the project has diminished considerably for its members. Kluwer IP Law interviewed Roberts. The position paper states “Whilst it…
Familiar topics, new issues and a characteristic number one: welcome to the Kluwer Patent Blog’s chart with most popular items of 2020. As topics such as the EPO and the UPC usually – and also this year – dominate the top ten of most popular articles, we’d like to start with some posts ranked just…
(UPDATED) Two new constitutional complaints against ratification of the Unified Patent Court Agreement have been filed with Germany’s Federal Constitutional Court. The FCC confirmed to Kluwer IP Law it received the complaints: “Regarding the Act on the Agreement of 13 February 2013 on a Unified Patent Court, two constitutional complaints have been filed and are…
Each time I hear “TRUVADA”, the catchy chorus of the Beatles’ Ob-La-Di Ob-La-Da sounds different to me… However, TV addicts or literature lovers also keen on pharmaceutical litigation should not have failed to notice a more disturbing coincidence: “Gilead” is moreover the sweet name given to the dictatorship where The Handmaid’s Tale is set –…
A recent judgment of 13 November 2020 from the Barcelona Court of Appeal (Section 15) has brought to the fore again the thorny topic of “indirect” or “contributory” infringement. The difficulty of the topic is illustrated, for example, by the fact that two very learned Judges (Judge Arnold, then in the first instance and Judge…
The German Bundesrat approved the Unified Patent Court Agreement and its Protocol on Provisional Application (PPA) earlier today, three weeks after its approval in the Bundestag. To complete the German ratification procedure, the bills will have to be signed by the government and Bundespräsident and published in the Federal Law Gazette. The completion of the…
Yesterday, the Dutch prime minister announced the Netherlands will be ‘locked down’ until mid-January. At the same time the author of this blog, part of a six member audience due to COVID restrictions, paid his last visit to the movies for many weeks to come. On the screen Tenet, a mishmash of Sci-Fi wannabe and…
On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare Limited, the main action proceedings regarding Neurim’s patent for Circadin™, EP 1 441 702 (“EP 702”). The judgment is available here. Many readers will…
