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Unified Patent Court: First Ruling on Equivalent Infringement

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the...more

UPC: Patentees No Longer Locked Out by Pre-Transitional Period National Litigations

In a November 12, 2024, decision, the Court of Appeal ("CoA") of the Unified Patent Court ("UPC") has clarified under which circumstances a European patent that has been opted out and has been the subject of legal proceedings...more

The Unified Patent Court: Also an Attractive Jurisdiction for SMEs

The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory...more

France’s Legal Privilege: Only for Attorneys-at-Law and Patent/Trademark Attorneys; Not (yet) In-House Counsel

In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or...more

French PACTE Act: Provisional Patent Application and the Evolution of the Utility Certificate

The Situation: Provisions of the Action Plan for the Growth and Transformation of Enterprises Act ("PACTE Act") concerning the newly created provisional patent application and the strengthening of the utility certificate are...more

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