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The Unified Patent Court (UPC) opened its doors on June 1, 2023. Nineteen actions were initiated during the first six weeks, across a range of subject areas and case values. It had been widely assumed that large companies...more
The Unified Patent Court (UPC) is coming into force on June 1, 2023. The UPC will have exclusive jurisdiction over new Unified Patents in Europe and shared jurisdiction with national courts over traditional or classic...more
The European Patent Office and participating European Countries have established a Unified Patent Court and a European patent with unitary effect (also called a Unitary Patent) that will come into effect on June 1, 2023. ...more
Businesses throughout the world holding or planning patents in Europe should familiarize themselves with the new Unitary Patent and Unified Patent Court and – depending on patent protection strategy -- may want to take action...more
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
Now is the time to act if you have European patents or a pending application. Europe’s new Unified Patent and Unitary Patent Court (UP/UPC), which have been in development for the better part of a decade, are finally on the...more
1. Introduction The Unified Patent Court (UPC) is a new patent court that will be fully in force starting June 2023 and, along with the Unitary Patent system, represents the biggest change in European patent practice in...more
The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a...more
We recently discussed under which circumstances it might be advisable to declare an opt-out for existing European patents. However, there may be also good reasons not to declare an opt-out for your existing European patents....more
The option to "opt-out" from the new UPC system gives patent owners the opportunity to declare, according to Art. 83(3) UPCA, that the UPC shall not have competence for litigations concerning a European patent. If an...more
The previously contemplated fee for opting out of "classical" European patents from the Unified Patent Court ("UPC") system has been abolished by the UPC Preparatory Committee. The UPC Case Management System will also allow...more
Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more
For further insights related to the Unitary Patent and the Unified Patent Court click here. Proprietors of European Patents will have the opportunity to avoid jurisdiction of the Unified Patent Court by filing so-called...more
The Brazilian Government may soon launch an emergency measure to eliminate the Patent Office's backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new...more
In a landmark ruling for the biotech and pharmaceutical industries, a unanimous Supreme Court decided Sandoz Inc. v. Amgen Inc., 582 U.S. ____, Nos. 15-1039, 15-1195 (June 12, 2017), its first biosimilar case governed by the...more
After the British government gave the go-ahead for the UPC system to enter into force in November 2016 by announcing that – despite Brexit – they intend to ratify the Agreement on the Unified Patent Court (UPCA), the...more
Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators...more
With the ninth Contracting State having ratified the EU Unified Patent Court Agreement, the commencement of the Unified Patent Court is approaching. We report on the latest news, including an announcement about opt-outs, and...more
Did you know that in the Unified Patent Court (UPC) a patentee will be able to get an injunction covering a market much bigger than the entire USA, in a procedure that lasts no longer than a year, at a hearing which lasts a...more
On July 21, the Federal Circuit interpreted the patent litigation procedures and requirements of the Biologics Price Competition and Innovation Act (BPCIA), including whether a company submitting an abbreviated BLA (“k...more