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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Skadden, Arps, Slate, Meagher & Flom LLP

EU Court of Justice Takes a Firm Stance Against Patent Settlement Agreements

Skadden, Arps, Slate, Meagher & Flom LLP on

The European Union’s Court of Justice (ECJ) has rendered its two long-awaited judgments in the European Commission’s (EC’s) perindopril case. The 27 June 2024 judgments concern: - The EC’s appeal of the General Court’s...more

A&O Shearman

Patent settlements and competition law – guidance from Europe’s top court

A&O Shearman on

On 25 March 2021, the European Court of Justice (ECJ) ruled for the second time on a “pay-for-delay” settlement. These are settlements of a patent dispute that involve payments or other value transfers from the originator...more

White & Case LLP

The ECJ’s Lundbeck judgment offers little new on patent settlements but gives birth to an interesting principle: sector inquiries...

White & Case LLP on

On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more

Orrick - Antitrust Watch

SEP licensing in supply chains: ECJ gets opportunity for a major trend-setting decision

Orrick - Antitrust Watch on

SEP licensing in supply chains: ECJ gets opportunity for a major trend-setting decision - In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment in Possible Future Generic Marketing Excludes Legitimate Basis for Pharma Settlement, Suggests EU Advocate General

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In her opinion issued on June 4, 2020, Advocate General (AG) Juliane Kokott recommended that the European Court of Justice (ECJ) dismiss in its entirety the appeal by Lundbeck A/S and Lundbeck Ltd against the General Court’s...more

McDermott Will & Emery

Landmark Decision in German FRAND Case

McDermott Will & Emery on

On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR 36/17) took place...more

White & Case LLP

Court of Justice ruling in Paroxetine

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The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more

A&O Shearman

EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules

A&O Shearman on

The Court of Justice of the EU (ECJ) has for the first time ruled on the issue of settlement agreements involving a value transfer (monetary or otherwise) between the holder of a pharmaceutical patent and generic drug...more

White & Case LLP

Another FRAND Decision in Europe: Clarity or Confusion?

White & Case LLP on

In July 2015, the Court of Justice of the European Union ("ECJ") issued Huawei v. ZTE, a seminal decision detailing how holders of Standard Essential Patents ("SEPs") must license its SEPs on fair, reasonable, and...more

Morrison & Foerster LLP

FRAND Case Law in Europe After Huawei v. ZTE

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On July 16, 2015, the European Court of Justice (ECJ) rendered its seminal decision in Huawei v. ZTE. In its decision, the ECJ provided fundamental guidance for the licensing and enforcement of standard essential patents...more

Morrison & Foerster LLP

A Structured Guide to Recent Case Law of the Court of Justice of the European Union on Supplementary Protection Certificates in...

Morrison & Foerster LLP on

In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad -- Briefing on Supplementary Protection Certificates for Medicinal Products

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What are SPCs? A Supplementary Protection Certificate (SPC) is an intellectual property right available for active ingredients of human and veterinary medicinal products requiring marketing authorisation. Originally...more

Hogan Lovells

Italian time-machine : Limitation of the duration of an SPC may be decided by the Italian Patent Office

Hogan Lovells on

The Board of Appeal of the Italian Patent Office (Commissione dei Ricorsi), by decision published on June 26, 2017, acknowledged the right of the patent holder to ask the Italian Patent Office for the limitation of the...more

Knobbe Martens

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

Knobbe Martens on

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

WilmerHale

The Future European Patent System: Update on the Latest News

WilmerHale on

Following our note “The Future European Patent System: Being Prepared,” we report here on the very latest news on the implementation of the major changes to the European patent system. In recent weeks, there has been...more

Morrison & Foerster LLP

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

Morrison & Foerster LLP on

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

Mintz

EU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance

Mintz on

Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of...more

McDermott Will & Emery

The European Union’s Highest Court Rules on Standard-Essential Patents, Injunctions and Abuse of Dominance

McDermott Will & Emery on

The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered by the Court of Justice of the...more

Orrick, Herrington & Sutcliffe LLP

EU’s Highest Court Confirms that Seeking an Injunction for SEPs May Constitute an Abuse of a Dominant Position

Orrick, Herrington & Sutcliffe LLP on

On July 16, 2015, the EU's highest court, the Court of Justice, rendered its long-awaited ruling on whether seeking an injunction for a standard-essential patent ("SEP") against an alleged patent infringer constitutes an...more

Patterson Belknap Webb & Tyler LLP

EU Court: Standard Essential Patent Owners May Be Abusing Dominance

Patterson Belknap Webb & Tyler LLP on

On July 16, the European Court of Justice issued a decision stating that standard essential patent (“SEP”) owners that seek injunctions against companies willing to license intellectual property on fair and reasonable terms...more

Kelley Drye & Warren LLP

European Union High Court Gives Guidance On Seeking Injunctive Relief On FRAND-Encumbered Seps (Huawei V. ZTE)

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Today, a European Union high court issued a ruling that provides guidance on what steps the owner of a FRAND-encumbered patent that may be essential to a standard should take before seeking injunctive relief. The court also...more

Patterson Belknap Webb & Tyler LLP

Will the European Court of Justice Conclude that Antitrust Law Prohibits Royalties for Invalid Patents?

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The European Court of Justice recently announced that it will issue a decision in Genentech Inc. v. Hoechst GmbH, in response to a request from the Paris Court of Appeals for clarification on whether European antitrust law...more

McDermott Will & Emery

CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million

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On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Are Multiple SPCs per Patent Allowed?

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Historically, it was widely thought that it was possible to obtain a separate supplementary protection certificates (SPC) for each product covered by a patent. However, in its judgment in Medeva in 2011, the Court of Justice...more

Dechert LLP

The SPC Saga Continues

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The Court of Justice of the European Union (CJ) issued three judgments on grant of Supplementary Protection Certificates (SPCs) on 12 December 2013 in the cases: - C-493/12 Eli Lilly v HGS, - C- 443/12 Actavis v...more

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