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JUVE Patent Legal news ticker in cooperation with GRUR

Legal news ticker in cooperation with GRUR

JUVE Patent and GRUR Patent bring you the latest news and developments concerning European and UPC patent law.

November 2023

Must the allocation of competences among the UPC divisions conform to the Brussels Ibis regulation?

Different views have emerged in literature as to whether the allocation of competences among the divisions of the UPC pursuant to Art. 33 UPCA must conform to the principles of the Brussels Ibis Regulation — an issue that is material, e.g. when the central division is called upon to hear an infringement action. This piece presents the conflicting arguments, and comes to the conclusion that the Brussels Ibis Regulation is not to be considered when determining a division’s competence. (Leonard Hollander, Hogan Lovells, GRUR Patent 2023, page 205)

On the international jurisdiction of the UPC

The University College London (UCL) has established an annual lecture in honour of the late Sir Hugh Laddie (Sir Hugh Laddie Lecture). This year´s lecture was held by Rian Kalden, presiding judge at the second panel of the UPC Court of Appeal. We are convinced that her lecture provides rich material for thought and discussion. We, the editors, have limited our work to some references concerning the court decisions and legal instruments referred to by the author. (Rian Kalden, UPC Court of Appeal,GRUR Patent 2023, page 178)

Writs of Protection at the UPC - Initial Practical Tips and Experiences

With the start of the Unified Patent Court, the question of whether it is advisable to file protective letters has become an important issue. This article highlights the differences and similarities between protective letters in German patent infringement proceedings on the one hand, and in proceedings before the Unified Patent Court on the other. It addresses selected practical questions that arise in connection with protective letters before the Unified Patent Court, in particular the handling of confidential information. Finally, the article provides practical instructions on drafting and filing protective letters in the case management system. (Clara Berrisch; Hoyng ROKH Monegier, GRUR Patent 2023, page 191)

Gathering evidence before the UPC

The following article takes a closer look at gathering evidence before the UPC. Therefore, the rules of evidence of the UPC Agreement (UPCA) and the UPC Rules of Procedure (RoP) are presented and analysed with regard to the burden of proof, the various measures of gathering evidence and the right timing. The means of evidence before the UPC include all means such as written evidence and testimonial evidence and include, inter alia, rules on disclosure and confidentiality measures. The article concludes that the different jurisdictions are united within the UPC and that the UPC provides a balanced system that will develop its practical standards and benchmarks in the coming proceedings. (Stanislas Roux-Vaillard, Miriam Gundt, Ruud van der Velden, Lea Gröblinghoff, all Hogan Lovells GRUR Patent 2023, page 209)

Milan or Madrid, as long as it's FRAND again?

In handing down its "FRAND Defence II" decision, The Federal Court of Justice has provided clear guidelines for the parties' obligations in negotiations on standard-essential patent portfolios and thereby eliminated a great deal of uncertainty concerning the FRAND defence. At the same time, however, this has also raised new questions for legal practitioners. For example, whether and how a patent infringer can still assert the FRAND defence if they did not initially fulfill their FRAND obligations. (Lars Hessmann, Jonathan Hechler, both Bird & Bird, GRUR Patent 2023, page 186)