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The SEP state of play in Europe’s major jurisdictions

Recent decisions in Germany, the UK, the Netherlands and France have shed much greater light on where the continent’s top patent litigation venues are heading on FRAND-related disputes

The SEP state of play in Europe’s major jurisdictions
3 Jun 2019

Deloitte makes major IP play with acquisition of top advisory

Big Four firm closes deal to acquire UK-based ClearView in a further sign that IP value creation is moving to the centre of the corporate agenda 

30 May 2019

$1 billion Keytruda deal illustrates value of royalty right sales for research institutes

Transformative agreement shows why niche investment model may appeal to cash-strapped life sciences innovators

Latest

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24 May 2019

What do recent SPC decisions mean for life sciences companies?

Supplementary protection certificates (SPCs) play an important role in the patent strategies of many companies in the life sciences sector, but a series of European court decisions has given IP in-housers food for thought when looking to obtain SPCs. Read more

24 Apr 2019

Changes to the UK Patent Box and their impact on the scheme and its participants

The UK Patent Box scheme was introduced in April 2013 and allows UK companies to elect to pay a reduced rate of corporation tax on profits derived from the exploitation of patents and certain other types of intellectual property. However, although participation in the scheme continues to grow, changes made in July 2016 appear to be having an impact on participants. Read more

11 Apr 2019

Litigation and eligibility: United Kingdom

The United Kingdom is split into three jurisdictions, all of which have courts which can determine patent infringement claims. Of these jurisdictions, the majority of patent claims are commenced in England and Wales, which consists of the Patents Court and the Intellectual Property Enterprise Court. Read more

5 Apr 2019

UK Supreme Court confirms dosage regimens are patentable

Judges rule that inventions arrived at by well-established or routine tests can be patented, but the decision will also reassure generics Read more

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Designs

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20 Feb 2019

"4IR is all-encompassing" says Centrica IP chief ahead of IPBC Europe in Paris

Charles Clark, who has been with the energy multinational since 2016, talks strategy for a new industrial era in an exclusive interview with IAM in advance of the event, taking place at the end of March Read more

30 Nov 2018

Doing intellectual property the Dolby Labs way

For over half a century Dolby Labs has worked hard to ensure that the company’s IP strategy is always aligned with its overall business goals. Its success in doing this teaches valuable lessons. Read more

12 Oct 2017

Recent developments in IP law and practice

This chapter describes recent developments in UK IP law and practice that are unrelated to Brexit or the proposed Unified Patent Court (UPC). However, it would be disingenuous to ignore completely the United Kingdom’s ongoing exit negotiations with… Read more

Finance

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12 Oct 2017

The secondary market in patents: what went right, what went wrong and how to fix it

Background The modern patent ecosystem owes much to the great US innovators of the 19th century, who pioneered the use of intellectual property as a business tool. They fought infamous patent wars and created a secondary market in invention by… Read more

FRAND/SEPS

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30 Nov 2018

How a Chinese court would have decided the Unwired Planet appeal

Previous FRAND-related rulings indicate judges in China could set a global rate, would adopt the hard-edged non-discrimination obligation and would consider the parties' negotiation behaviours when reaching their decisions  Read more

29 Nov 2018

OPINION: It's time to sort out the connected car disconnect

TCL v Ericsson and Unwired Planet v Huawei send two very different messages to auto companies being approached by patent pools such as Avanci to take SEP licences, says Unified Patents' chief IP counsel Jonathan Stroud  Read more

30 Oct 2018

What every SEP owner and licensee needs to know about the Unwired Planet decision

In upholding the first instance judgment of Mr Justice Birss last week, the Court of Appeals in London has confirmed the UK as a go-to jurisdiction for FRAND-related disputes Read more

23 Oct 2018

Court of Appeals in London upholds Unwired Planet v Huawei to provide big boost to SEP holders globally 

Decision to confirm the original Birss judgment is likely to ensure that the UK becomes a major centre for the resolution of FRAND-related disputes Read more

Law & Policy

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29 Mar 2019

CJEU rules out SPCs for new drug formulations, but leaves uncertainty over therapeutic uses

Following the court’s Abraxis decision, life sciences face a more restrictive interpretation of which products qualify for supplementary protection certificates. Read more

8 Mar 2019

CJEU asked to resolve long-standing SPC marketing authorisation conundrum

Europe’s highest court has never ruled on whether certificates can be acquired on the basis of a third-party marketing approval – a practice that has given rise to disputes between biopharma innovators Read more

30 Jan 2019

Arrow declarations: exploiting court flexibility to clear a path to market

When it comes to litigation strategy, drug businesses have another option to consider in some cases thanks to recent rulings from the courts of England and Wales. Read more

24 Jan 2019

How Arrow declarations can target a clear path to market 

Given the difficulty that pharmaceutical products face when it comes to reaching market, Arrow declarations can be a crucial means of slicing through the knot. Read more

Litigation

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29 Mar 2019

CJEU rules out SPCs for new drug formulations, but leaves uncertainty over therapeutic uses

Following the court’s Abraxis decision, life sciences face a more restrictive interpretation of which products qualify for supplementary protection certificates. Read more

8 Mar 2019

CJEU asked to resolve long-standing SPC marketing authorisation conundrum

Europe’s highest court has never ruled on whether certificates can be acquired on the basis of a third-party marketing approval – a practice that has given rise to disputes between biopharma innovators Read more

30 Jan 2019

Arrow declarations: exploiting court flexibility to clear a path to market

When it comes to litigation strategy, drug businesses have another option to consider in some cases thanks to recent rulings from the courts of England and Wales. Read more

24 Jan 2019

How Arrow declarations can target a clear path to market 

Given the difficulty that pharmaceutical products face when it comes to reaching market, Arrow declarations can be a crucial means of slicing through the knot. Read more

Market Developments

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7 Dec 2018

Boston Scientific enhances its patent portfolio with BTG acquisition

An in-depth analysis shows that the American medical device manufacturer may not gain much in terms of quantity from its $4 billion purchase, but that the British healthcare company’s IP assets will boost its peripheral interventional offerings Read more

30 Nov 2018

Doing intellectual property the Dolby Labs way

For over half a century Dolby Labs has worked hard to ensure that the company’s IP strategy is always aligned with its overall business goals. Its success in doing this teaches valuable lessons. Read more

30 Nov 2018

How a Chinese court would have decided the Unwired Planet appeal

Previous FRAND-related rulings indicate judges in China could set a global rate, would adopt the hard-edged non-discrimination obligation and would consider the parties' negotiation behaviours when reaching their decisions  Read more

20 Jul 2018

China and South Korea will displace the West as the world’s innovation leaders by 2029

New report claims status of US, EU and UK as leading innovators under threat as they struggle to maximise return on R&D investment.  Read more

Non practising entities

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30 Nov 2018

How a Chinese court would have decided the Unwired Planet appeal

Previous FRAND-related rulings indicate judges in China could set a global rate, would adopt the hard-edged non-discrimination obligation and would consider the parties' negotiation behaviours when reaching their decisions  Read more

29 Nov 2018

OPINION: It's time to sort out the connected car disconnect

TCL v Ericsson and Unwired Planet v Huawei send two very different messages to auto companies being approached by patent pools such as Avanci to take SEP licences, says Unified Patents' chief IP counsel Jonathan Stroud  Read more

30 Oct 2018

What every SEP owner and licensee needs to know about the Unwired Planet decision

In upholding the first instance judgment of Mr Justice Birss last week, the Court of Appeals in London has confirmed the UK as a go-to jurisdiction for FRAND-related disputes Read more

23 Oct 2018

Court of Appeals in London upholds Unwired Planet v Huawei to provide big boost to SEP holders globally 

Decision to confirm the original Birss judgment is likely to ensure that the UK becomes a major centre for the resolution of FRAND-related disputes Read more

Patent pools

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30 Nov 2018

Doing intellectual property the Dolby Labs way

For over half a century Dolby Labs has worked hard to ensure that the company’s IP strategy is always aligned with its overall business goals. Its success in doing this teaches valuable lessons. Read more

29 Nov 2018

OPINION: It's time to sort out the connected car disconnect

TCL v Ericsson and Unwired Planet v Huawei send two very different messages to auto companies being approached by patent pools such as Avanci to take SEP licences, says Unified Patents' chief IP counsel Jonathan Stroud  Read more

Strategy

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29 Mar 2019

CJEU rules out SPCs for new drug formulations, but leaves uncertainty over therapeutic uses

Following the court’s Abraxis decision, life sciences face a more restrictive interpretation of which products qualify for supplementary protection certificates. Read more

20 Feb 2019

"4IR is all-encompassing" says Centrica IP chief ahead of IPBC Europe in Paris

Charles Clark, who has been with the energy multinational since 2016, talks strategy for a new industrial era in an exclusive interview with IAM in advance of the event, taking place at the end of March Read more

20 Dec 2018

MIT and Harvard lead the world’s research institutions in patent quality, but look out for the rise of China  

The research centres which produce the most world-leading assets are currently found in the US and Europe, but analysis shows that Chinese universities are beginning to catch up (Picture: MIT) Read more

7 Dec 2018

Boston Scientific enhances its patent portfolio with BTG acquisition

An in-depth analysis shows that the American medical device manufacturer may not gain much in terms of quantity from its $4 billion purchase, but that the British healthcare company’s IP assets will boost its peripheral interventional offerings Read more

Technology licensing

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20 Dec 2018

MIT and Harvard lead the world’s research institutions in patent quality, but look out for the rise of China  

The research centres which produce the most world-leading assets are currently found in the US and Europe, but analysis shows that Chinese universities are beginning to catch up (Picture: MIT) Read more

30 Nov 2018

Doing intellectual property the Dolby Labs way

For over half a century Dolby Labs has worked hard to ensure that the company’s IP strategy is always aligned with its overall business goals. Its success in doing this teaches valuable lessons. Read more

29 Nov 2018

OPINION: It's time to sort out the connected car disconnect

TCL v Ericsson and Unwired Planet v Huawei send two very different messages to auto companies being approached by patent pools such as Avanci to take SEP licences, says Unified Patents' chief IP counsel Jonathan Stroud  Read more

23 Oct 2018

Court of Appeals in London upholds Unwired Planet v Huawei to provide big boost to SEP holders globally 

Decision to confirm the original Birss judgment is likely to ensure that the UK becomes a major centre for the resolution of FRAND-related disputes Read more

Trademarks

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12 Sep 2017

Preparing for Brexit - analysis of the European Commission's position paper on key IP issues

Last week the European Commission published a Brexit position paper on dealing with intellectual property issues raised by the UK’s departure from the European Union – which is scheduled to happen at the end of March 2019. The paper focused on… Read more

24 Jun 2016

The UK's Brexit vote will mean more complexity and higher costs for IP owners in Europe

Well, we have only gone and done it. By a margin of 17,410,742 votes to 16,141,241 the people of the United Kingdom have decided that they want their country to leave the European Union. As an added extra, they have also forced the resignation of… Read more

Trade secrets

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20 Feb 2019

"4IR is all-encompassing" says Centrica IP chief ahead of IPBC Europe in Paris

Charles Clark, who has been with the energy multinational since 2016, talks strategy for a new industrial era in an exclusive interview with IAM in advance of the event, taking place at the end of March Read more

Valuation

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30 Nov 2018

How a Chinese court would have decided the Unwired Planet appeal

Previous FRAND-related rulings indicate judges in China could set a global rate, would adopt the hard-edged non-discrimination obligation and would consider the parties' negotiation behaviours when reaching their decisions  Read more

29 Nov 2018

OPINION: It's time to sort out the connected car disconnect

TCL v Ericsson and Unwired Planet v Huawei send two very different messages to auto companies being approached by patent pools such as Avanci to take SEP licences, says Unified Patents' chief IP counsel Jonathan Stroud  Read more

12 Oct 2017

The secondary market in patents: what went right, what went wrong and how to fix it

Background The modern patent ecosystem owes much to the great US innovators of the 19th century, who pioneered the use of intellectual property as a business tool. They fought infamous patent wars and created a secondary market in invention by… Read more

19 Sep 2017

Microsoft v Motorola judge criticises recent UK Unwired Planet SEP licensing decision

US district court judge James Robart has taken aim at the decision handed down by Justice Colin Birss in the high profile London High Court SEP/FRAND case of Unwired Planet v Huawei, decided earlier this year. Speaking at the annual IPO meeting in… Read more

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Markus Herzog
Partner
Munich, Germany
Weickmann & Weickmann PartmbB
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