The so-called proportionality defense according to Sec. 139(1) clause 3 (hereinafter simply “proportionality defense”) is one of the newest provisions of the German Patent Act. It has only been introduced in August 2021 through the Patentrechtsmodernisierungsgesetz, a typical German word monster, of which an informative summary was posted here. The main driver of this proportionality…
On March 31, 2022, the Ministry of Economy, Trade and Industry (METI) publicized the “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses” (hereinafter, the “METI Guidelines”). The METI Guidelines are not legally binding but were created as norms of good faith negotiations to be followed by SEP holders and implementers involved in SEP licensing…
In a case where the patent is not opposed in its entirety, the opposition being directed at certain claims only, and where the Opposition Division decides that all of the proprietor’s requests in relation to the opposed claims must fail, only the unopposed claims, which are not part of any opposition proceedings, are left standing….
The U.S. Federal Rules of Civil Procedure allow parties to obtain discovery regarding any matter that is relevant to a party’s claim or defense. One important caveat to this general principle is that attorney-client communications and work product are privileged and protected from discovery. Generally speaking, when a party divulges privileged information to a third…
On 17 February 2022, the Administrative Chamber of the Spanish Supreme Court handed down a very interesting judgment setting out legal doctrine on the legal value of expert opinions from the Administration in two different scenarios: on the one hand, when they are issued in judicial proceedings between third parties and, on the other, when…
I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented attitude of OPPO in these proceedings – which withdrew its products from the German market even before any injunction was enforced –,…
The Spanish Supreme Court rules in a patent ownership and trade secret dispute where a company had filed a patent application which named as inventor the husband of the company’s founder, who had previously led an R&D project funded by a competitor. The Court sets a high standard for ownership claims and, at the same…
On 24 August 2022, Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court) handed down his decision in Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC), a case on open topped washbowls made from moulded paper pulp, such as those used in hospitals, care homes…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Patent Blog…
Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK Supreme Court in Unwired Planet) have given rise to significant debate over the appropriate forum for litigation of disputes in relation to standard essential…
