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Patents Intellectual Property Protection Germany

Fish & Richardson

Munich Appeals Court Reinforces Security-Centric FRAND Framework in SEP Dispute

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Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - AI Inventorship: Navigating Patent Rights Around the Globe

The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 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

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

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

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

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

A&O Shearman

German Federal Constitutional Court paves the way for the UPC

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As an international treaty the Agreement on a Unified Patent Court (UPCA) provides for the establishment of the Unified Patent Court (UPC). As a joint Court of the Contracting Member States, the UPC shall have its own legal...more

A&O Shearman

Process patents – paper tigers or effective protective rights?

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When process patents are infringed, patent owners are often faced with considerable problems of providing proof of infringement. Effective enforcement is further impeded by the strict requirements set by German case law for...more

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

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