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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

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)