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14 February 2018

Constitutional complaint against UPC Agreement

While the Administrative Council of the European Patent Office has attempted to strengthen the independence of the Boards of Appeal by amending the Implementing Regulations of the European Patent Convention, dissenting voices from the Federal Constitutional Court are challenging this endeavour.

12 February 2018

Settlement ends global litigation after Chinese injunction hurts US semiconductor equipment imports

Parties to a global patent dispute involving chip-sector companies from the US, China and Germany called it quits last week after injunctions on both sides of the Pacific appeared to test all sides’ risk thresholds. The deal between New York…

31 January 2018

EPO revises examination guidelines: key aspects for applicants

The European Patent Office recently amended and clarified all eight parts of its examination guidelines in order to harmonise them with legal and procedural developments, as well as with standing practice. The major change was the expansion of Part A, which now includes a comprehensive chapter on fees.

10 January 2018

Ahead of the inaugural IPBC Europe in Amsterdam, an interview with ThyssenKrupp IP chief Stephan Wolke

In March, we introduce a new member of the IPBC family when we launch the inaugural IPBC Europe in Amsterdam. Designed specifically for European businesses, the event will provide key insights to executives at companies based in Europe which are in…

15 December 2017

Compulsory licensing threat in Europe requires vigilance from pharma patent owners

The Netherlands’ new Health Minister has hit out at “absurd” drug prices, suggesting that the use of compulsory patent licensing might be one solution. This comes shortly after Germany’s highest court upheld a landmark decision forcing a life…

12 October 2017

The interplay of patent prosecution and litigation in Germany

Foreign colleagues in international litigation often ask us whether there is any kind of prosecution history estoppel in Germany. The answer can best be summarised as “generally no; however…” This chapter sheds some light on the extent of the …

12 October 2017

Litigation strategy in view of the Unified Patent Court regime

The start of the Unified Patent Court (UPC) will change the landscape for litigating patents in most EU member states. The UPC will provide both plaintiffs and alleged infringers an additional venue for asserting their patents or proactively…

12 October 2017

Making better, faster portfolio management decisions with big data insight

Data has always been big in the patent world; but like other industries, the IP industry is also witnessing unprecedented data growth. Although the sheer volume of big data can be daunting, the size alone does not always provide relevant and…

02 October 2017

The need-to-know facts about patent term extensions in Europe

As the European Court of Justice (ECJ) has seen an overwhelming number of referrals regarding patent term extensions in recent years, the interpretation of the law in this area has become increasingly complex. This chapter provides up-to-date…

02 October 2017

Litigating patents under the UPC system

The EU unitary patent system entails two novelties: a new property right – the European patent with unitary effect (‘unitary patent’) – and a new court system – the Unified Patent Court (UPC). This means that in Europe, three different patent rights…

02 October 2017

Litigation and eligibility: Germany

Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? About 1,000 infringement actions on the merits are filed before a German venue every year. Where infringement is found, an injunction is granted by law…

02 October 2017

Standard-essential patents and FRAND licensing in Europe

In July 2015 the European Court of Justice (ECJ) issued its long-awaited judgment in Huawei v ZTE. This judgment concretises an antitrust law framework within which standard-essential patents (SEPs) can be enforced. In particular, the court has…

02 October 2017

Quality patents, better timeliness

Forty years of quality patents Almost exactly 40 years ago – on November 2 1977 – the European Patent Office (EPO) opened its doors for business. Far from a grand establishment, the EPO at the time had a small but dedicated team of just 98…

22 June 2017

The UPC will not get started in 2017 and don't bet too much on it happening in 2018 either

It’s been a big political week in the UK. On Monday, David Davis, the government minister overseeing the Brexit process, finally had his first formal meeting with Michel Barnier, the chief negotiator for the EU27, so beginning the discussions around…

13 June 2017

Patent pools in the life sciences: a potential facilitator of CRISPR commercialisation

Patent pools are agreements between two or more patent owners to aggregate a number of patents and then license these to each other or third parties. If well structured, patent pools can benefit patent owners, third parties and the general public by…