CJEU, Competition, FRAND, Germany, Patents, SEP

(City, University of London)/

The 2015 landmark decision by the Court of Justice of the European Union (CJEU) in Huawei/ZTE established a balanced framework for licensing standard essential patents (SEPs), striking a compromise between the interests of SEPs holders and implementers. The ruling notoriously clarified when SEP holders can seek injunctions without abusing their dominant market position. It stated…

evidence, UPC

, (Dhenne Avocats)/

Forget about Gangnam Style, it is overrated. Aya Nakamura Djadja is more than ever the dance-floor song of the moment (especially since her performance at the 2024 Olympics Game opening ceremony). Is Joost Luchtballon able to dethrone the French Queen? Same question for UPC: after the French and the Italian Styles, now we also have…

EPC, EPO, Inventive step, Patents, Sufficiency of disclosure

, (Hoffmann Eitle)/

In case you missed it, here are the main points from the EPO Boards of Appeal Case Law Conference 2024. As ever, this was a really interesting event with lots of high quality presentations. Above all, it is great to hear at first hand what the Board members themselves think of the hot topics at…

Brazil, Infringement, Litigation, Procedure

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In a decision rendered on 12 June 2024, the full chamber of the private law division (‘Segunda Seção’) of the Brazilian Superior Court of Justice ruled that state courts may decide on the validity of patents when the validity is put in issue by way of defence in civil proceedings for infringement (EREsp 1.332.417/RS). The…

Case Law, Infringement, Spain, UPC

(Clifford Chance)/

A case concerning an automated vinification system offers us a glimpse of that rare species of patent litigation: the declaratory non-infringement action. The case demonstrates the need to carefully draft this type of action, as well as the need to choose the right evidence to support declarations that go beyond specific models. This is key…

Case Law, EPO, EPO Decision, Germany, Inventive step, UPC

, (Reddie & Grose LLP)/ /2 Comments

UPC 252/2023 NanoString v Harvard ACT_551180/2023 (UPC_CFI_252/2023) The UPC’s Munich Central Division has recently issued its decision revoking Harvard’s EP 2794928 B1 (“the Patent”) in DE, NL, and FR, with other EPO member states likely excluded from the decision on commercial grounds having lapsed during opposition proceedings in 2019. The decision is appealable. The NanoString decision…

Patents

(RNA Law)/

Co-authored by Rodrigo Mourao and Rhuan Quintanilha The global momentum behind 5G continues to build up as its adoption accelerates. At the 2024 Mobile World Congress (MWC) in Barcelona, GSMA Intelligence reported that, as of early 2024, “261 operators across 101 countries have launched commercial 5G services. The number of 5G connections worldwide reached 1.6…

Patents

, (Hoffmann Eitle)/ /27 Comments

We have long meant to write something about the need, or the lack thereof, for adapting the description to amended claims. The announcement in the second preliminary opinion of Technical Board of Appeal (TBA) 3.3.04 in T 56/21, suggesting a referral of this question to the Enlarged Board of Appeal, combined with the sole appellant’s…