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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Deadlines ,
European Commission ,
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Germany ,
Litigation Strategies ,
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Patent Litigation ,
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Preliminary Injunctions ,
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 ,
Jurisdiction ,
Member State ,
Patent Infringement ,
Patent Litigation ,
Patents ,
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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 ,
Patent Applications ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
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 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 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
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