On 16 March 2023, the High Court of England and Wales handed down its judgment following the FRAND trial in InterDigital v Lenovo. This is the second judgment containing a substantive FRAND determination issued by the English Courts and the UK remains one of the few jurisdictions in which courts can and have determined global…
The Registrar of the Unified Patent Court has provided information on most commonly identified issues regarding the sunrise functionalities of the Court’s CMS. According to the Registrar, former chairman of the UPC’s preparatory committee Alexander Ramsay, three weeks into the sunrise period approximately 1500 applications to register as a representative before the Court have been…
The Brazilian healthcare legislation establishes in the legal definitions of generic drugs (article 3, items XX and XXI, Statute #6,360 of 1976[1]) that their labels must have all and the same therapeutic indications of the reference-listed drug. The law only allow differentiation in characteristics like product’s size and shape, shelf life, package, and excipients[2]. The…
On 28 February 2023, the majority of the Danish Maritime and Commercial High Court did not find sufficient grounds for rebutting the presumption of the validity of the Danish patent DK/EP 2 959 894 (the “Contested Patent”), held by Novartis, and thus decided to grant a preliminary injunction against Zentiva. Notably, though, the opposing judge…
This year’s release of Visser’s Annotated European Patent Convention, or as it is commonly known, simply “Visser” is just around the corner. Since the previous edition, updated until March 2022, there have been several law changes, as well as new case law and updates in the Guidelines. Those changes are reflected in the update, and…
Just days after the announcement of a gender equality referendum in Ireland, which will be held in November, representatives of Irish industry urged the government to hold a referendum on ratification of the Unified Patent Court Agreement on the same date. However, it seems likely this will not take place before the start of next…
Many readers of this blog are familiar with the French saisie-contrefaçon, which consists of the seizure of allegedly infringing products and all related documents, but requires a writ of summons within one month of the saisie (e.g., here). Few of the same readers have probably heard of the protective seizure (“saisie conservatoire”), which allows similar…
France, Germany and Italy are holding trilateral talks on redistribution of the competencies that were originally allocated to the London seat of the UPC’s central division among Paris, Munich and Milan. According to the German Ministry of Justice, a decision is expected shortly. A spokesperson told Kluwer IP Law: ‘Once an agreement has been reached,…
It is now almost a year since the new confidentiality regime for patent disputes in Germany entered into force. Since then, confidentiality requests have become a standard procedure in German patent litigation. Courts and counsel have translated the legal requirements into manageable routines. The Munich Regional Court even published guidance on how to proceed with…
In June 2022 the EPO announced the project “Bringing Teams Together”, introducing a new management of office space with the aim “to ensure that teams cluster in our buildings when working on site”. The project proved to be a bit challenging since the EPO management simultaneously intended to empty the Pschorrhöfe 1-4 buildings that had…
