Legal Commentary

"CureVac and Moderna might be filing patent suits – but their brakes are firmly on"

The honeymoon period is over. While patent lawsuits over COVID-19 vaccines were still taboo at the height of the pandemic, Moderna and CureVac are now suing BioNTech over their mRNA patents. However, ...

8 September 2022 by Konstanze Richter

Legal Commentary

Opinion

"One year since the new German patent law, the injunction remains the same"

For exactly a year, the new German patent law has sought to provide exceptions for automatic injunctions in patent disputes. But, as the recent harsh ...

17 August 2022 by Mathieu Klos

Legal Commentary

Long read

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

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

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

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

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

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

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

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

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

Legal Commentary

Video hearings

Boards of Appeal decisions first to apply G 1/21 guidelines

The EPO Boards of Appeal have released two decisions applying the principles underlined by G 1/21 regarding compulsory video conferencing. The develop ...

8 February 2022 by Amy Sandys

Legal Commentary

Unified Patent Court

UPC preparation phase officially begins

Today, Austria has deposited its instrument of ratification of the Protocol for the Provisional Application of the UPC (PAP) with the European Council ...

19 January 2022 by Mathieu Klos

Legal Commentary

Opinion

"Moving the Boards of Appeal back to an EPO building is walking a very thin line"

The presidents of the European Patent Office and the Boards of Appeal are jointly calling for the court to move to the EPO building in Pschorr-Höfe VI ...

24 December 2021 by Mathieu Klos

Legal Commentary

EPO Boards of Appeal

Compatible, not optimal: G 1/21 and future EPO video conferencing

The Enlarged Boards of Appeal has released its final reasoning in the G 1/21 appeal regarding compulsory video conferencing. It clarifies that, while ...

5 November 2021 by Amy Sandys

Legal Commentary

Enlarged Board of Appeal

EPO publishes final reasoning in G 1/21 video conferencing case

The EPO Enlarged Board of Appeal has determined that compulsory video conferencing at the EPO does not infringe a party's right to be heard, or its ri ...

28 October 2021 by Amy Sandys

Legal Commentary

Opinion

"An Australian patent is a start. But Dabus needs the EPO to succeed"

A breakthrough has emerged in the ongoing Dabus debate. The South African patent office, as well as the Federal Court of Australia, have accepted that ...

18 August 2021 by Amy Sandys

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