News & Analysis as of

European Commission Patents

Clarifying or Conforming? The EPO Bows to the European Commission

by Jones Day on

In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

McDermott International Legal Highlights - April 2017

by McDermott Will & Emery on

DOJ Policy Updates Signal Continuity of Antitrust Program - The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

by Foley & Lardner LLP on

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements

by McDermott Will & Emery on

On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic...more

McDermott EU Competition Annual Review 2015

by McDermott Will & Emery on

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

More on Patent Settlements Including Litigation at the European Courts

by McGuireWoods LLP on

Last week I posted on the European Commission’s (EC) latest report into patent settlement agreements between originator and generic companies in the European Union (EU). The EC says each time it produces these reports that...more

Patent Settlement Update for Pharmaceutical Cases in Europe

by McGuireWoods LLP on

Ever since the publication in July 2009 of the report on its antitrust inquiry into the pharmaceutical sector, the European Commission (EC) has been monitoring patent settlement agreements between originator and generic...more

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

by 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

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

by 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

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

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

ZTE Enjoined From Further Breaching NDA Entered For Settlement Discussions (Vringo V. ZTE)

by Kelley Drye & Warren LLP on

Judge Kaplan of S.D. New York recently issued a preliminary injunction to enjoin ZTE from further disclosing information subject to a non-disclosure agreement (NDA) that ZTE had entered with Vringo to potentially settle...more

DG COMP’s 5th monitoring report: time for guidance please!

by White & Case LLP on

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

New IP Enforcement Policy in the EU

by McDermott Will & Emery on

Given that strategic importance of IP-sensitive industries for the EU economy, the European Commission (Commission) has introduced a new initiative with a view to strengthen the protection of EU-based IP rights by working...more

European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

by White & Case LLP on

Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this...more

New EU actions on enforcement of Intellectual Property Rights

by DLA Piper on

On 1 July, the European Commission has adopted two communications on (i) an Action Plan to address infringements of intellectual property rights (IPRs) in the EU and (ii) a Strategy for the protection and enforcement of...more

Intellectual Property Bulletin - Winter 2014

by Fenwick & West LLP on

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

by DLA Piper on

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

European Commission Proposes Changes to the Rules Applicable to Technology Licensing

by McDermott Will & Emery on

On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal). The Commission seeks to improve and...more

Proposed Amendments to the EU Competition Assessment of Technology Transfers

by K&L Gates LLP on

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

AstraZeneca v European Commission: Case C-457/10 P

by White & Case LLP on

Introduction - On 6 December 2012, the European Court of Justice (the “ECJ”) upheld the judgment of the General Court (“GC”), which found that AstraZeneca (“AZ”) abused its dominant position on the market for proton pump...more

European Parliament Adopts Draft Regulations on Unitary Patent

On Tuesday, the European Patent Office reported that the European Parliament in Strasbourg had adopted two draft regulations on the creation of the unitary patent. The EPO hailed the adoption of the draft regulations as "a...more

European Commission Releases Draft Regulations Governing Unitary Patent Protection

by McDermott Will & Emery on

Under the Commission’s proposals, holders of European patents would be allowed to apply to the European Patent Office for unitary patent protection covering the participating 25 Member States. The unitary patent could only...more

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