In the present preliminary case a cross-border injunction was ordered by the provisions judge. He came to this conclusion because he found the product to be infringing (in contrast to a preliminary decision of the Greek court) and he found that the Dutch-based Pharmathen company was controlling the other companies in the group. Case date: 19…
He left the UPC somewhat unexpectedly late 2022, and now he’s back already: Alexander Ramsay, long-time chairman of the Preparatory Committee of the Unified Patent Court, has been appointed as Registrar of the new court. This has been announced on the UPC’s website. Axel Jacobi from Germany will be Deputy-Registrar. Both new officials of the…
A preparatory training for UPC appointed judges was launched yesterday in Budapest. According to an announcement on the UPC’s website, the legally and technically qualified judges of the Court are participating in the training, which aims at facilitating an in-depth understanding of the Rules of Procedure of the UPC. ‘It is organised as a partnership…
Everything flows, and the Dutch cross-border injunction flows like no other. From its source in the The Hague all the way to the cradle of Europe: Greece. So decided the Dutch Courts in the Novartis vs. Pharmathen case. The willingness of the Dutch Courts to assume jurisdiction to grant cross-border relief in international patent cases…
The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global FRAND rates, the Unwired Planet case in UK being a notable example. This approach is controversial and has sparked debates over the ability of…
Because prior art described a method that could execute an application on one computer server, it should have been obvious that the method could be applied to multiple servers. The Patent Trial and Appeal Board erred when it found that several claims of a patent describing the remote application of a computer application were not…
Damocles, so tells us an ancient legend (reported here) was a favorite of President Dionysios II. of Syrakus in Sicily, who lived during the first half of the 4th century BC. His story was succinctly told by none other than Marcus Tullius Cicero in his tusculanae disputationes 5, 61–62. Hoping that Cicero will forgive me,…
Templates and guidances that judges may use must help develop a harmonized format for decisions and orders at the upcoming Unified Patent Court. Klaus Grabinski, President of the Court of Appeal of the UPC, has said this in an interview with Kluwer IP Law. Grabinski thinks the court will bring patent litigation in Europe closer…
An outburst of anger of a president and his re-election, social tensions, industrial actions: for anyone familiar with the world of patents it will be clear that all this refers to the European Patent Office, which drew a lot of attention on the Kluwer Patent Blog last year, even more than the biggest change in…
There are currently two referrals on SPC law pending before the Court of Justice of the European Union (CJEU), both of which concern the interpretation of Article 3(c) of the SPC Regulation (EC) 469/2009. This provision essentially ensures that the same person cannot obtain more than one SPC for the same product (active ingredient), which…
