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Fish & Richardson

Should the Experimental Use Exception Be Broadened?

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On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | August 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

A&O Shearman

Is there a trend towards bifurcation at the UPC?

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In an order (UPC_CFI_410/2023, ORD_35569/2024) dated 10 July 2024, the Mannheim Local Division referred a revocation counterclaim to the Central Division in Paris previously seized of a parallel stand-alone revocation action,...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | July 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Jones Day

Prior Art and Public Availability: Key Decisions in German Patent Litigation

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The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court - March 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Jones Day

Unified Patent Court Publishes Its First Case Load Statistics

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The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

A&O Shearman

UPC: Better comply with UPC judgments – first penalty payment ordered

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On 18 October 2023, the Düsseldorf local division of the UPC in myStromer vs. Revolt Zycling (UPC_CFI_177/2023) imposed a EUR26,500 penalty on Revolt for breaching a preliminary injunction. This is the first penalty payment...more

A&O Shearman

UPC denies third party access to revocation action and evidence

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In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more

McDermott Will & Emery

The UPC Means Business: Patentee Wins Preliminary Injunction

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The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

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The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

Linda Liu & Partners

News Flash: China parallel patent infringement litigation gives Nanoco leverage in the $150million settlement with Samsung

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In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a...more

McDermott Will & Emery

Are You Ready for the UPC? Act Now to Prepare for Its Opening on June 1

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court (UPC) and triggered the UPC’s entry into force on June 1, 2023. The UPC will revolutionize patent enforcement across Europe and impact companies...more

Hogan Lovells

Designrecht auf den Kopf gestellt: EuGH zur "Sichtbarkeit" und "bestimmungsgemäßen Verwendung" von Bauelementen komplexer...

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Die Sichtbarkeit von Bauelementen komplexer Erzeugnisse i.S.d. § 4 DesignG beurteilt sich sowohl aus Sicht des Endnutzers als auch aus Sicht eines externen Betrachters. Dabei muss das Bauelement nicht zu jedem Zeitpunkt der...more

Fish & Richardson

Germany Ratifies UPC Agreement; UP & UPC to Begin 1 June

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On February 17, Germany ratified the UPC Agreement, launching the countdown to the beginning of the Unitary Patent and Unified Patent Court. Germany’s ratification means that the Agreement will enter into force on 1 June...more

Foley & Lardner LLP

A Third Surge in Innovation and Patents on Hydrogen Fuel Cell Vehicles

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With electric passenger vehicles dominating automotive news, it is easy to forget that the development of hydrogen fuel cell vehicles remains a key component of automotive decarbonization efforts, particularly for heavy-duty...more

Jones Day

Closing the "Injunction Gap": Overhaul of German Patent Act Speeds Up Litigation

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An upcoming change in Section 83 of the German Patent Act ("PatG") will close the gap between the duration of patent infringement compared to the duration of invalidity proceedings in Germany. From May 1, 2022, onwards, the...more

Jones Day

Still Alive: The German "Automatic Injunction" in Patent Infringement Cases Under the New Patent Act

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The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the...more

BCLP

German federal ministry of finance requires disclosure in cases of licensing of IP registered in Germany

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Even without a German nexus, in cases of a licensing of right registered in Germany an application/disclosure before 30 June 2022 might be necessary. ..According to the German Federal Ministry of Finance (BMF) the...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping European IP Law

While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the...more

A&O Shearman

Kickoff of the UPC: UPC Protocol on Provisional Application now in force

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On 19 January 2022, the Unified Patent Court (UPC) came to life as an international organisation. Now, the preparatory phase for the official start of the UPC system can begin....more

McDermott Will & Emery

Only One More Ratification Needed: European UPC Might Be Ready to Launch

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The German parliament recently passed the Approval Act (the Act) regarding the planned European Unified Patent Court (UPC) and the protocol on a UPC on provisional application (PPA). The Act was passed after Germany’s Federal...more

McDermott Will & Emery

Unified at Last? Germany’s Constitutional Court Removes UPC Hurdle

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On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June...more

Fish & Richardson

German Constitutional Court Rejects Requests for Interim Injunctions against Ratification of UPC Agreement

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Until last Friday, implementation of the European Unified Patent Court (UPC) Agreement and availability of a Unitary Patent for multiple EU states had been delayed by two Complaints for interim injunctions against German...more

MoFo Tech

Green Light For UPC

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UPC – And it got up again- Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court...more

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