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Standard essential patents and FRAND; European SEP package

Sensible Injunctive Relief Policies in European SEP Regulation

Standards development is critical to global innovation and competition. Computing technology, from personal computers and phones to the World Wide Web ...

14 February 2024 by Unified Patents, LLC
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Opposition proceedings, UPC, revocation

Comparison of opposition proceedings at the EPO and revocation actions at the UPC – advantages and disadvantages

Since the introduction of the Unified Patent Court (UPC) in June 2023, a new system for central attacking the validity of and thereby to nullify a Eur ...

30 January 2024 by Prüfer and Partner mbB
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The Unified Patent Court's early technological and transparency issues have limited use and prevented even very sophisticated claimants from using it. The UPC should devote more resources to modernizing their technology, data sharing, and transparency, and the Courts should err on the side of transparency.

Getting Late Early: Tech, Transparency Problems Shake Confidence in UPC

The newly launched Unified Patent Court (UPC) was envisioned as a landmark institution in the European Union’s pursuit of a harmonized patent system. ...

13 December 2023 by Unified Patents, LLC
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Is the UPC trending towards bifurcation, but with a twist?

Is the UPC trending towards bifurcation, but with a twist?

Two of the big pharma/medtech cases at the UPC are arguably displaying a trend towards bifurcation, in particular due to the actions of the parties de ...

12 December 2023 by Simmons + Simmons LLP
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Can SEPs be enforced in PI proceedings at the UPC?

Before the Unified Patent Court (UPC) opened its doors, there was considerable debate within the patent community about how the UPC would handle the e ...

9 November 2023 by Simmons + Simmons LLP
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Award of damages

The economic consequences of the UPC: the calculation of the award of damages of a patent infringer under UPC rules

IP disputes regarding patent infringement at the Unified Patent Court will also effect damages resulting from the infringement of a patent respectivel ...

25 October 2023 by FTI Consulting Deutschland GmbH
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Patenting Medical Use Inventions in China

Patenting Medical Use Inventions in China A medical use of a product may relate to i) the use of a new drug to treat a disease (“first medical use”);…

23 October 2023 by JUVE
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The Unified Patent Court: A reflection on this historic milestone and an exploration of what the future will bring

Untangling the UPC: What in-house patent experts need to know now

A joint IP Event by BARDEHLE PAGENBERG and JUVE PATENT focused on embracing the Unified Patent Court system, using and shaping it in a balanced and co ...

29 June 2023 by BARDEHLE PAGENBERG
Sponsored Content The evaluation of patent portfolios for the FRAND calculation

The evaluation of patent portfolios for the FRAND calculation

This paper deals with an aspect of how to calculate a FRAND royalty for standard-essential patents – so-called SEPs – in the field of telecommunicatio ...

12 June 2023 by BDPE Patent- und Rechtsanwälte
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Navigating the UPC: An In-Depth Analysis of Opt-Outs so far

Whether or not to opt-out of the UPC has been one of the most hotly debated aspects in the lead-up to the new court system. Despite the UPC taking so ...

10 May 2023 by Simmons + Simmons LLP
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UPC

Enforcement of UPC decisions

Decisions and orders of the Unified Patent Court (UPC) will usually extend to more than one country. In this article, we will discuss the principles ...

20 April 2023 by Simmons + Simmons LLP
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Unified Patent Court - Patent Mediation and Arbitration Centre

What will the UPC Patent Mediation and Arbitration Centre bring us?

In line with the current trend that gives greater importance to alternative dispute resolution (“ADR”) mechanisms, especially in intellectual property ...

6 February 2023 by Simmons + Simmons LLP
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UPC: How are damages dealt with

One of the main benefits of the Unified Patent Court (“UPC”) is that proceedings no longer have to be fragmented/divided across Europe (if the proceed ...

21 October 2022 by Simmons + Simmons LLP
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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
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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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