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In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more
The new EU design legislation has just been published in the EU Official Journal and will enter into force on 8 December 2024, after almost a decade of preparatory and legislative work. The aim of the new EU design...more
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
European Commission Orders Unprecedented Unwinding Of Illumina’s Acquisition of GRAIL. For the first time, the European Commission has ordered reversal of a consummated transaction, Illumina Inc.’s 2021 acquisition of GRAIL...more
The European Commission's ("EC") Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents COM(2023) 232 final (27 Apr 2023) (the "Proposed Regulation") was issued by the Commission...more
The European Commission has published its long awaited (and delayed) proposals for a substantial revision of the EU regulation on Supplementary Protection Certificates (“SPCs”), which wraps up a series of various legislative...more
This article is based on a Feb. 2023 Womble Bond Dickinson webinar featuring WBD Partners James Love (UK) and Ryan Cagle, Fabio Marino and Karthika Perumal (U.S.). Patent owners soon will be entering a brave new world...more
After years of setbacks, the EU Unified Patent Court (UPC) will begin its work on June 1, 2023. Germany’s ratification of the UPC Agreement on Feb. 17, 2023, triggered a countdown under Article 89 of the UPC Agreement for the...more
Set to open on June 1, 2023, the new Unified Patent Court (UPC) will revolutionize patent enforcement across 17 participating European Union (EU) Member States. The UPC will have exclusive jurisdiction over the new European...more
The European (EP) patent landscape will shift in 2023 with the launch of the unitary patent system, consisting of unitary patents and a Unitary Patent Court. All current EP patent right holders now have a decision with regard...more
Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court...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
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
A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual...more
After decades of drafting and negotiating, the Unified Patent Court ("UPC") is finally set to go ahead. The year 2022 has been dynamic for this new European court: The regulations on the unitary patent entered into force...more
The new Unified Patent Court (UPC) has been established by virtue of the Agreement on a Unified Patent Court (the "UPCA"). The UPC will be a court of all participating EU Member States, which will have exclusive competence to...more
The introduction of the Unitary Patent and the corresponding Unified Patent Court (UPC) system is set to transform the patent litigation landscape in the European Union (EU). The potential impact on the business success of...more
On May 5, 2022, the Office of Foreign Assets Control of the U.S. Department of the Treasury issued General License No. 31 (“GL31”), which authorizes transactions in connection with the filing and prosecution of patent...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
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
On 28 September 2020, the UK government made the Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (IP Regulations 2020), which amend the intellectual property (IP) regime in the UK to reflect Brexit-related...more
Brexit finally arrived on Jan. 31, 2020, and we are now in the period during which the UK and EU will negotiate the final rules governing their future. During this transition period, the UK and EU will continue to recognize...more
From 31 January 2020, the UK is no longer an EU Member State. This article outlines the main impacts of Brexit on intellectual property rights, including patents, trademarks, designs and models, copyrights, and sui generis...more
In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48...more