Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of...more
4/11/2025
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European Commission ,
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Unified Patent Court
Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Düsseldorf Local Division (January 14, 2025) ORD_63219/2024.
Anyone developing or marketing an innovative product will want to ensure that they do...more
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
4/2/2025
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Damages ,
EU ,
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Intellectual Property Protection ,
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Member State ,
Patent Infringement ,
Patent Litigation ,
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In this note, we will discuss the latest decisions on the merits from the Dutch patent court on the matter of plausibility and inventive step. These were handed down in two cases (BMS v Sandoz and BMS v Teva) on 30 October...more
11/15/2024
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EU ,
Inventions ,
Netherlands ,
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Patent Litigation ,
Patents ,
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Technology ,
Teva v Sandoz ,
Unified Patent Court
Today marked a ‘historic moment’ for the UPC, as Klaus Gabrinsky, the President of the UPC Court of Appeal, noted in his opening remarks: the first UPC Court of Appeal hearing, on 18 December 2023 in Luxembourg.
The case...more
On 18 October 2023, the President of the Court of First Instance of the UPC issued an order changing the procedural language from Dutch to English (the language of the patent at issue).
The Court weighed the interests of...more
In this episode of our Exclusively Life Sciences webinar series, our experts from our EU team will share best practices for innovators to protect their competitive advantage when generics enter the market....more
In our latest blogpost of 20 January 2022, we discussed the kick-off to the preparatory phase for the actual start of the Unified Patent Court (UPC). We are now one step closer to the actual start: on 8 July, the...more
Last Friday 17 June 2022, the WTO member states came to an agreement on the long negotiated TRIPS Waiver. In its annual 6 days conference (the Ministerial Conference), the WTO member states agreed that all developing country...more
Last month, a leaked document regarding the TRIPS Waiver revealed a breakthrough between the EU, South Africa, India and the United States. After 18 months of negotiations, the four parties now have reached a high-level...more
The entire privacy community waited anxiously for the outcome of the EUR 11 billion class action claim, launched in the summer of 2020 by The Privacy Collective (TPC) against several Oracle and Salesforce entities at the...more
On 2 October 2020, South Africa and India submitted a proposal to the WTO to temporarily suspend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). In short, the...more
On 15 December 2020, the European Commission published its Digital Services Act package which proposes two pieces of legislation: the Digital Services Act and the Digital Markets Act. This package will profoundly change the...more
Today the 27 member states of the European Union have decided on Amsterdam as the new home of the European Medicines Agency. The decision came after three rounds of voting, with Amsterdam eventually emerging the winner after...more
Further changes to the EU Trade Mark (“EUTM”) system come into effect on 1 October 2017. These are the next step in the EU’s trade mark reforms, which are aimed at modernising the system to make it technologically up-to-date...more
In this paper we consider how a new generation of virtual reality headsets promises to fundamentally change consumer experiences of virtual environments, and we raise some of the major legal and regulatory challenges that...more
The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and...more