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
9/26/2024
/ EU ,
European Patent Office ,
France ,
FRAND ,
Germany ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Section 101 ,
Technology ,
UK ,
Unified Patent Court ,
Unitary Patent ,
United States
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
8/29/2024
/ EU ,
France ,
Germany ,
Innovation Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Ownership ,
Patent Registration ,
Patents ,
Pharmaceutical Patents ,
Regulatory Agenda ,
Revocation ,
UK ,
Unified Patent Court ,
United States ,
Utility Patents
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
7/30/2024
/ EU ,
France ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Ownership ,
Patents ,
Regulatory Agenda ,
UK ,
Unified Patent Court ,
United States
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
3/28/2024
/ EU ,
France ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preliminary Injunctions ,
Unified Patent Court ,
Unitary Patent ,
United States
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
9/25/2023
/ EU ,
European Patent Office ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Popular ,
Preliminary Injunctions ,
Unified Patent Court
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
8/25/2023
/ EU ,
European Patent Office ,
Ex Parte ,
Germany ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preliminary Injunctions ,
Unified Patent Court
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
3/1/2023
/ Enforcement Actions ,
EU ,
European Patent Office ,
Germany ,
Intellectual Property Protection ,
Jurisdiction ,
Opt-Outs ,
Patent Infringement ,
Patents ,
Unified Patent Court ,
Unitary Patent
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
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
On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June...more
In a case referred by German authorities, the Court of Justice of the European Union (CJEU) resolved a dispute between a visual arts copyright collecting society and a cultural heritage foundation involving a digital library...more
From a German perspective, 2020 saw highly interesting developments that may well have an impact even beyond the borders of Germany. For example, the Federal Court of Justice (Bundesgerichtshof) in Sisvel v. Haier handed down...more
1/26/2021
/ Digital Services ,
EU ,
Filing Deadlines ,
Foreign Trademark ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Germany ,
Intellectual Property Litigation ,
New Legislation ,
Trademark Application ,
UK ,
Unified Patent Court
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May...more
In 2019, Nokia filed a series of patent infringement complaints against Daimler before several German courts. Nokia alleged that connected cars made by Daimler infringed Nokia’s patents. Nokia considered the relevant patents...more
On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR 36/17) took place...more
The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more
2/12/2020
/ Antitrust Provisions ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Single Market ,
EU ,
EU Directive ,
European Parliament ,
France ,
FRAND ,
Germany ,
Intellectual Property Protection ,
IP Litigation ,
Patents ,
Trademark Infringement ,
Trademarks ,
Unified Patent Court
On 11 July 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision...more
8/2/2019
/ Anti-Suit Injunctions ,
Automotive Industry ,
Corporate Counsel ,
Ex Parte ,
FRAND ,
Germany ,
Nokia ,
Patent Infringement ,
Patents ,
Preliminary Injunctions ,
Standard Essential Patents
In two recent decisions, the German Federal Constitutional Court declared preliminary injunctions (PIs) unconstitutional if they are granted without hearing or advance notice to the defendant. Case Nos. 1 BvR 1783/17, 1 BvR...more
Germany recently introduced a new act that will substantially change the way trade secrets are protected. As the term is used in Germany, “trade secrets” include both technical know-how (such as construction drawings,...more
Germany will soon introduce a new act on the protection of trade secrets, which will bring substantial change to the way trade secrets are protected in Germany. Some of these changes are already relevant today, and...more