A patent owner has the right to exclude others from practicing its hard-earned patent. Typically, this exclusion covers actions such as making, using, selling, offering for sale, or importing the patented invention. In many jurisdictions, the patent owner has a legal obligation to work its invention in exchange for this exclusive monopoly. However, under certain…
The ‘new normal’ at the EPO and more particularly plans to allow oral proceedings by videoconference even if parties don’t want it, have been leading to extensive debate over the last weeks. No less than 47 amicus curiae briefs were filed with the Enlarged Board of Appeal in case G 1/21, where the crucial referral question…
In my last post I deciphered several fake news, which spoil the public debate about compulsory licensing, I then mentioned a French bill proposal, introduced by Mr. Ronan Le Gleut in the Senate on April 8, 2021, whose I thought important to translate, so that it can feed the international debate on compulsory licensing following…
The long and winding road, as The Beatles would put it, that led to the judgments of the CJEU in Teva et altri v. Gilead Sciences (Case C-121/17) and Royalty Pharma v. Deutsches Patent und Markenamt (Case C-650/17), which renewed the Court’s case law on the meaning of “product“, started in the Medeva judgment (Case…
SEP-related case law in Europe is regularly reported in this blog, and other European platforms. Decisions of courts in UK, Germany, France and the Netherlands on FRAND royalties, anti-suit injunctions, anti-anti-suit injunctions, declarations of essentiality and other SEP issues are often thoroughly commented upon. This is not the case of Italian SEP case law. While…
The greatest challenge for IP in the area of artificial intelligence (AI) will be to achieve some level of harmonisation worldwide. IP expert Adam Liberman has said this in the second part of a series of interviews with authors and editors of Kluwer IP Law. Liberman is director IP advantage at Deloitte and adjunct professor at…
The European Patent Office has invited its users and stakeholders to take position on the first draft of its „Towards a new normal“ orientation document. My experience with such public consultations in the recent past has not been particularly encouraging. It seems to me that outside views are simply collected and then moved into a…
At a time when a bill aiming at granting a compulsory license in the interest of public health in case of extreme sanitary emergency has just been filed in the French Senate on April 8, 2021[1], the fake news that spoil the public debate about the compulsory licensing keep on proliferating. These fake news, which…
Plaintiff’s arguments before the district court were often objectively unreasonable or frivolous; the frivolous nature of his appeal also warranted sanctions against plaintiff and his counsel of appellate fees and double costs. An individual who asserted that he was the co-inventor of a patent directed to a method of “reverse online dating” must pay the…
In the aftermath of the landmark decision ‘Unwired Planet vs Huawei’, a series of other FRAND litigations have followed suit. Cases such as Conversant vs ZTE/Huawei, Philips vs TCL, TQ Delta v ZyXel or Optis v Apple pertain equally to the licensing of standard essential patents. From an economic perspective this raises the question as…
