As explained in our blog of 25 March 2020, the declaration of the state of emergency by the Spanish Government on 14 March affected judicial activities in Spain very seriously. For example, Court hearings were suspended, with very few exceptions. Likewise, the periods of time to carry out judicial activities (for example, filing an appeal)…
After the UK’s Prime Minister announced via a televised address on 23 March 2020 the lockdown of the UK in a bid to combat the ever-increasing impact of COVID-19, legal practitioners were keen to see how the UK Courts would cope with such measures especially given that in the High Court at least, video and…
The Federal Court of Justice made the following findings in relation to the material and personal scope of the right to prior use: 1. Where a pre-used embodiment does not implement all features of the patent claim, a modification of the pre-used embodiment which implements all the features is not covered by the right of…
In the present interlocutory case, VUB and Ablynx requested inspection of evidence that was seized from QVQ on the basis of suspicion of patent infringement. The provisions judge came to the conclusion that the interests of the claimants did not provide sufficient reason to – preliminarily – grant the inspection. Case date: 21 January 2020 Case…
Discussions are under way at the World Intellectual Property Organization (WIPO) and the World Health Organization (WHO) on enabling wider access to some patented drugs and medical supplies during the coronavirus pandemic. According to press agency Reuters, director-general of the (WIPO) Francis Gurry made this clear during a conference last week. “This is a hot…
In the United States, a judge may increase the damages for patent infringement up to threefold[1] resulting in awards of millions, or even billons, of dollars. In 2016, the Supreme Court, in Halo Electronics v. Pulse Electronics,[2] rejected the then prevailing objective standard for determining enhanced damages and replaced it with a subjective one requiring,…
On 1 April 2020, the Court of Appeal, led by Floyd LJ, handed down judgment concerning the strike out of an Arrow declaration in litigation between Mexichem and Honeywell. Honeywell owns six patents that focus on the use of two refrigerants (‘ze’ and ‘yf’) in mobile air-conditioning systems (“MACs”), often used in cars, with a…
by Dr. Simon Klopschinski On March 24, 2020 we reported that the German government planned amendments to the Act on the Prevention and Control of Infectious Diseases in Humans (Gesetz zur Verhütung und Bekämpfung von Infektionskrankheiten beim Menschen – Infektionsschutzgesetz – IfSG), which could also have an impact on patents (see here). In the meantime…
On 17 March 2020,The Hague Court of Appeal dismissed a preliminary injunction (PI) based on alleged infringement of a Standard Essential Patent (SEP) held by a Non-Practicing Entity (NPE) based on a balancing of interests – without assessment of validity and infringement of the patent in suit, and without assessment of FRAND-related obligations. In case…
Contrary to all expectations, the German government wants the Unitary Patent project to go ahead as soon as possible, despite the recent ruling of the Federal Constitutional Court, declaring void the Act of Approval of the UPC Agreement. In a press release of 26 March 2020, the German minister of Justice and Consumer Protection, Christine…
