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Legal Commentary
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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 yet confirmed in opposition or nullity proceeding ...

3 May 2022 by Konstanze Richter
Legal Commentary
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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
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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
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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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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 JUVE
Legal Commentary
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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
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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
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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
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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
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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
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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
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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
Legal Commentary
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Opinion

"The UPC has lost its spark. Only real commitment can save it now"

The Unified Patent Court is set to launch at the end of 2022 – but only if things go smoothly. When it comes to the UPC, this is the constant refrain. ...

21 July 2021 by Christina Schulze
Legal Commentary
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European court case numbers

Patent cases decline across Europe – but courts report increasing complexity

Patent courts in France, Italy, the Netherlands, the UK and Germany are seeing a decline in newly-filed patent cases. This is especially evident in Lo ...

12 July 2021 by Konstanze Richter
Legal Commentary
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Unified Patent Court

UPC dream closer after German court rejects constitutional complaints

The wait is almost over. The German Constitutional Court has rejected two applications for an interim injunction against the German UPC laws. Now Germ ...

9 July 2021 by Amy Sandys
Legal Commentary
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German UPC ratification

Latest German ruling paves way for UPC

The German Constitutional Court has rejected two applications for an interim injunction against the German UPC laws. This clears the way for Germany t ...

9 July 2021 by Christina Schulze
Legal Commentary
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European court case numbers

Munich court challenges Düsseldorf for top spot as German patent cases decline

The number of patent cases filed at Germany's courts has long been falling. However, amid the decrease, Munich stands out for its success. The increas ...

7 July 2021 by Konstanze Richter
Legal Commentary
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Long read

German patent judges predict few changes to automatic injunction

The Bundestag has passed the German Patent Act reform. Patent judges, however, believe it will have little impact on the current legal situation. In t ...

23 June 2021 by Mathieu Klos
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