Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of...more
Do you fear the possibility of a temporary restraining order or a preliminary injunction involving patent infringement allegations in Europe? Those provisional measures are more common in Europe than in the United States....more
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
On October 6, the UPC announced a target start date of 1 April 2023. The Unitary Patent regulations specify that they would be effective on the same date as the UPC start date....more
In a report of its 8 July meeting, the UPC Administrative Committee said “the timing of the start of operations of the Court can reasonably be expected to occur in early 2023.” We understand that the current target date for...more
Final preparations by sixteen EU member states for their Unified Patent Court (UPC) and Unitary Patent (UP) began on 19 January 2022, following Austria’s deposit on the previous day of its ratification of the Protocol on...more
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
The Supreme Court has agreed to review whether service of process by mail on foreign defendants is permissible or whether service through diplomatic channels is necessary. While the case that raised this issue is from a state...more
Magistrate Judge Grewal has denied a motion to compel discovery because the requests were “disproportionate,” alluding to the requirement in newly amended Rule 26(b)(1), F.R.Civ.P., that the discovery sought should be...more