(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…

Case Law, Injunction, Kluwer Patent Cases, Litigation, Patents, UPC

(Bristows)/

On 3 June 2024, the UPC’s Hamburg Local Division rejected a PI application against UEFA (Union des Associations Européennes de Football) and Kinexon GmBH (a technology partner) in regard to the use of video-assistance referee (VAR) technology at the upcoming European Championship in Germany.  The application for preliminary relief concerned EP 1 944 067 (EP…

Case Law, EPO Decision, Litigation, Patents, Revocation, Unitary Patent, UPC

(Bristows)/ /4 Comments

On 28 May 2024, the UPC Court of Appeal (in decision UPC_CoA_22/2024) upheld a decision of the Court of First Instance, Central Division (Paris Seat) not to stay revocation proceedings before the UPC pending parallel opposition proceedings before the EPO concerning the same patent.  Following previous Court of Appeal decisions, this non-technical appeal was adjudicated…

Patents

(Hoffmann Eitle)/ /12 Comments

1.       Preamble: The Iron Triangle In project management there is a law known as the Iron Triangle, which states that in delivering any project, there are three points on a metaphorical triangle: time, cost and quality. In other words: how fast can the project be done; how cheaply; and what is the quality of the…