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…
The Barcelona Court of Appeal (Section 15) overturned a first instance decision, making an interesting finding on the application of the “problem-solution approach”: if the revocation claimant submits that its choice of closest prior art only differs from the claimed invention in one (or more) specific feature(s), but the court finds that further differences exist…
I can imagine what the reader might think when reading these few lines: another text on artificial intelligence (“AI”) and the Patent Law! (With perhaps: the author is obsessed with the Daft Punk split[1]). My mantra is: “Never disappoint the reader”! So both are true. That said, concerning the reception of AI by Patent Law…
On 28 December 2020, the Barcelona Court of Appeal (Section 15), one of Spain’s most experienced courts on patent matters, handed down a judgment which is interesting from a wide array of perspectives (how to assess inventive step, novelty, infringement, etc.). This blog will focus on the first aspect (i.e. inventive step) and, more specifically,…
Although the case relates to treatments for insomnia, we suspect that the latest episode in the ongoing saga between Neurim and Mylan might result in a few sleepless nights for patent litigators. Somewhat unconventionally, the latest instalment saw Marcus Smith J vary a costs order so as to award costs to the losing party in…
In the first part of this interview (see here), I already mentioned some of the preconceived ideas about French Courts, which makes France almost systematically considered as one of the last territory to litigate: jurisdictions would be anti-patentee, slow, unable to order preliminary injunctions, even not “specialized”. The Cross-Examination Part I of Mrs. Nathalie Sabotier…
The EPO has launched a public consultation on the first draft of its ‘Towards a new normal’ orientation document, discussing the post-covid organisation of the EPO. The document “is designed to complement the EPO’s Strategic Plan 2023, which was adopted in 2019, before the current pandemic. The orientation document represents the EPO’s current assessment of…
On March 5th, 2021, the Danish Maritime and Commercial High Court ruled to acquit the Board of Appeal for Patents and Trademarks (the “Appeals Board”) in a case regarding the notification of a transfer of a patent between two companies. The case, which included aspects of both company law, patent law and questions of civil…
