Legal Commentary Archives

UPC Rules of Procedure amendments focus on opt-out and privacy

The UPC Administrative Committee has confirmed the updated Rules of Procedure, which provide the backbone for governance of the supranational court. T ...

19 July 2022 by Amy Sandys

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Legal Commentary

Final UPC Rules of Procedure approved – with some important changes

The UPC’s Rules of Procedure have gone through many interactions since the first draft in 2009. The last – 18th! – draft dated from 2017. Further amen ...

18 July 2022 by Simmons + Simmons LLP

Legal Commentary

Unified Patent Court

UPC member states to vote on full access to judgments

On 8 July, the UPC Administrative Committee will vote on the final draft of the Rules of Procedure, proposing public access to all judgments and order ...

1 July 2022 by Amy Sandys

Legal Commentary

Unified Patent Court

Ireland's government commits to UPC referendum

The Irish government has reaffirmed its commitment to participating in the Unified Patent Court, announcing it will hold a referendum in 2023 or 2024 ...

30 June 2022 by Amy Sandys

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Legal Commentary

UPC: How will the Central Division work

Understanding the structure and functioning of the Unified Patent Court (“UPC”) is a fundamental step for comprehending and maximising the potentialit ...

15 June 2022 by Simmons + Simmons LLP

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The Unitary Patent and the Unified Patent Court

The unitary patent is a single (indivisible) legal title which is valid in all those Member States of the European Union that have decided to particip ...

2 June 2022 by VOSSIUS & PARTNER Patentanwälte Rechtsanwälte mbB

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Legal Commentary

EPO practice on adapting the description to amended claims – recent developments in case law and EPO Guidelines

It is common practice at the European Patent Office (EPO) that, after Examining Divisions and applicants agree on a grantable set of patent claims, th ...

30 May 2022 by COHAUSZ & FLORACK

Legal Commentary

Opinion

"The automatic injunction lives, but the hardship provision is not dead"

The Regional Court Munich has found that Ford infringed an LTE patent owned by IP Bridge. The ruling, which led to an injunction and recall of all LTE ...

27 May 2022 by Mathieu Klos

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Legal Commentary

Evidence, experts and witnesses at the UPC

The Unified Patent Court (“UPC” or “Court”) means a new court and thus new rules of procedure. Let’s look more specifically at the means of evidence t ...

12 May 2022 by Simmons + Simmons LLP

Legal Commentary

Opinion

"The CJEU has clarified PI case law for Europe's judges"

The CJEU has spoken. Civil courts in Europe can impose a preliminary injunction in the event of patent infringement, even if the patent-in-suit is not ...

3 May 2022 by Konstanze Richter

Legal Commentary

Opinion

"UPC member states must commit to maximum transparency of judgments"

The rules are changing for the publication of Unified Patent Court decisions, causing alarm among users that important UPC judgments might not be publ ...

27 April 2022 by Mathieu Klos

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Unified Patent Court

Opt-out, Unitary Patent, and Validation Strategies for the UPC

In addition to litigation strategy, there are a number of other issues for consideration in relation to the UPC. Firstly, there is the much-discussed ...

14 April 2022 by Simmons + Simmons LLP

Legal Commentary

Ukraine conflict

EPO deepens ongoing support for Ukraine

The EPO has frozen its cooperation with both the Russian patent office and the Eurasian Patent Organisation as a response to Russia's invasion of Ukra ...

12 April 2022 by Amy Sandys

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Legal Commentary

Injunctions at the UPC

Plaintiffs choose the forum. Thus, the remedies available for a plaintiff are a critical factor in making the Unified Patent Court (UPC) attractive fo ...

17 March 2022 by Simmons + Simmons LLP

Legal Commentary

Anti-suit injunctions

EU launches WTO case against China over telecommunication patents

The EU is alleging that Chinese courts are blocking European telecommunication companies from protecting their SEPs at foreign courts. As a result, it ...

22 February 2022 by Amy Sandys

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