News & Analysis as of

Unified Patent Court

Unified Patent Court Update: Ratification Could Take Place in the Coming Months

by Latham & Watkins LLP on

The Delegated Legislation Committee’s (DLC) support for the Unified Patent Court (Immunities and Privileges) Order 2017 (the Order) suggests a swift approval of the Order by the House of Commons. Presuming a rapid approval by...more

European Commission Issues Guidelines on Licensing and Litigating Standard-Essential Patents

by Ropes & Gray LLP on

On November 29, 2017, the European Commission published its long-awaited guidance on litigating and licensing standard-essential patents (SEPs), as part of broader guidelines for intellectual property in the European Union...more

IP Minister announces the UK’s continued commitment to the UPC, as statutory instrument passes final stage of debate in...

by Allen & Overy LLP on

Speaking in a Delegated Legislation Committee hearing, the proxy for debate in the House of Commons on the draft Unified Patents Court (Immunities and Privileges) Order 2017, the UK’s IP Minister yesterday expressed the...more

Brexit Bill - Impact on patents

by Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

UK Takes One Step Closer Towards Ratification of the Unified Patents Court Agreement

by Allen & Overy LLP on

Before the UK is able to ratify the Unified Patents Court Agreement, statutory instruments establishing the Unified Patents Court as a corporate entity in the UK and granting it certain privileges and immunities (such as...more

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

by Hogan Lovells on

The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the...more

UPC timeline update

by Hogan Lovells on

The Unified Patent Court has provided an update regarding the pending case in the German Federal Constitutional Court (FCC). It states that at present it "is now difficult to predict any timeline" and...more

UPC ratification process in Germany put on hold following constitutional complaint

by Allen & Overy LLP on

In March 2017, a constitutional complaint was filed against both the German bill for ratifying the UPC Agreement and the UPC Agreement itself with the German Federal Constitutional Court (“Bundesverfassungsgericht”). Many...more

European Commission’s 6 Proposals for Post-Brexit Intellectual Property Rights

by Latham & Watkins LLP on

The European Commission (EC) has released a position paper on its objectives for the Article 50 Brexit negotiations with the UK regarding Intellectual Property Rights (IPRs). The EC has effectively set out six key principles...more

UPC Scenarios Course: Case Studies on the New Unified Patent Court - Munich, 20 October 2017

by Hogan Lovells on

This Autumn, the Forum Institut is holding a practical seminar entitled "UPC Scenarios: Case Studies on the New Unified Patent Court" in Munich, Germany....more

Germany – A Major Hub for Patent Litigation

by Reed Smith on

With the Unified Patent Court now stalled for at least the near future, U.S. life sciences companies will continue to face the question of where to bring patent infringement cases in Europe. The German courts offer a variety...more

MoFo IP Newsletter - July 2017

by Morrison & Foerster LLP on

Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a...more

News from Abroad -- UK Progress on Unitary Patent (UP) and Unified Patent Court (UPC)

The UK has become the ninth state to deposit the document required to apply the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. Four more deposits, including that of...more

Patentee-Friendly Claim Construction in the UK Courts?

The UK Supreme Court has handed down its judgment at the conclusion of a long-running dispute between Eli Lilly and Actavis. The cases related to Eli Lilly’s patent, which claims the use of the drug pemetrexed disodium in...more

Update on the UPC Case Management System

by Hogan Lovells on

A new note regarding the implementation of the UPC Case Management System (CMS) was published yesterday by the IT Working Group Coordinator, Dario Pizzolante. The note announces the release of the latest CMS version and...more

UPC Edging Closer Towards Reality, German Challenge Remains

by White & Case LLP on

Battling continued headwind, the Unified Patent Court (UPC) took another step toward reality in Europe this week, as the UK laid before Parliament the Order on Privileges and Immunities for the UPC....more

Preparatory Committee Chairman announces update on UPC Timetable

by Hogan Lovells on

As previously reported, the Preparatory Committee announced in early June 2017 that the timetable for the start of the UPC would have to be delayed, with a new target start date yet to be confirmed....more

News from Abroad -- German Constitutional Court Holds up German Ratification of Unitary Patent Court Agreement

It was reported on June 12, 2017, that the German Constitutional Court has asked the German Federal President not to ratify the Unified Patent Court Agreement (UPCA) for the time being. The request is the result of a...more

German Court Delays Implementation of Unified Patent Court Legislation

by Latham & Watkins LLP on

Germany’s constitutional court, the Bundesverfassungsgericht, has requested that the German President hold off on signing the legislation ratifying the Unified Patent Court (UPC) and the Unitary Patent (UP) following a...more

Unified Patent Court Start Date Delayed

by Reed Smith on

The Unified Patent Court has just announced (7 June) on its website that the planned entry into operation of the UPC in December 2017 has been abandoned. No new date has been given. The relevant part of the official...more

Preparatory Committee announce delay to UPC Timetable

by Hogan Lovells on

Yesterday, the Preparatory Committee of the Unified Patent Court (UPC) announced that the previously stated target date for the entry into operation of the UPC, envisaged for December 2017, will now be delayed....more

Top EU patent and EU unitary patent developments in 2017 for ADG companies

by Hogan Lovells on

In 2016, proposals crystalized that will bring significant changes to the European Union (EU) patent system and the patent litigation system. Despite the Brexit, the United Kingdom (UK) has announced that it too will ratify...more

UK to submit to primacy of EU law?...Maybe for patents

by Dechert LLP on

As the UK Government embarks on its journey of disentangling the UK from EU law and the jurisdiction of the Court of Justice of the European Union (“CJEU”), it is simultaneously continuing in its efforts to join a new...more

The Brexit Clock Has Started—What Happens Next?

by Jones Day on

The United Kingdom and the remaining European Union Member States ("EU-27") will negotiate the terms of the UK's withdrawal—and likely its future relationship with the EU—over the course of the next two years. European...more

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

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