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As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. patent law becomes increasingly important. The U.S. market, being the largest for medical technologies,...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April....more
Hosted by C5 Group, the 17th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns for another exciting year with curated programming that will provide up-to-the-minute information and strategic insights on...more
K-Fee System GmbH v. Nespresso USA, Inc., Appeal No. 2022-2042 (Fed. Cir. Dec. 26, 2023) In an appeal from a district court judgment of noninfringement, the Federal Circuit reversed the underlying claim construction...more
The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred...more
Communications from the European Patent Office (EPO), which include official actions, were originally sent by registered letter and the rules were written to take this into account and assumed that such communication would...more
Beginning November 1, 2023, notices from the European Patent Office (EPO) will have a response period that is computed from the date noted on the communication. This represents a change in EPO procedures. Currently, EPO...more
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
Hosted by C5, the 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns 23-24 May, at the DoubleTree by Hilton Amsterdam Central Station, Amsterdam with curated programing for you to gain the knowledge and...more
This article is based on a Feb. 2023 Womble Bond Dickinson webinar featuring WBD Partners James Love (UK) and Ryan Cagle, Fabio Marino and Karthika Perumal (U.S.). Patent owners soon will be entering a brave new world...more
The European Patent Office and participating European Countries have established a Unified Patent Court and a European patent with unitary effect (also called a Unitary Patent) that will come into effect on June 1, 2023. ...more
For the past 50 years, it has been possible to obtain a patent in most countries in Europe by filing a single patent application in the European Patent Office (EPO). Such a patent application is prosecuted in the EPO and,...more
AN INTRODUCTION TO THE NEW EUROPEAN UNIFIED PATENT COURT- In spite of years of debate and negotiations (and complicating events like COVID and Brexit), the final stage for a new option for patent enforcement (or attack on...more
As a follow up to my recent article on the European Patent System’s new Unitary Patent and Unified Patent Court, the date has now been set for the changes to the European Patent System to commence. The Unified Patent Court...more
European patent practice will change when the European Unitary Patent (UP) and Unified Patent Court (UPC) enter into force on June 1, 2023. The new system will impact both pending European applications and granted European...more
Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court...more
In the past, after prosecuting an application before the European Patent Office (EPO), the patent owner had to decide in which countries of the European Patent system to validate the European Patent....more
A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual...more
On Oct. 13, 2022, the Administrative Council of the European Patent Office (EPO) voted to change Rule 126(2) of the EPC (the “10-day rule”). This change comes as part of the annual revision cycle for the EPC and PCT-EPO...more
With the introduction of the European Patent with unitary effect (Unitary Patent) and the Unified Patent Court (UPC), the question arises whether the use of this new system makes economic sense for patent owners. Patent...more
Patent protection in the European Union (EU) is expensive. An applicant may file a patent application in an individual country, but it is generally more efficient to file through the European Patent Office (EPO) when the...more
Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more
A Unified Patent Court (UPC) is expected to officially open its doors in Europe in late 2022 or early 2023. The UPC is a patent‑specific court established by 24 participating European Union (EU) member states, with the goal...more
Many people applying for a patent in the United States only consider filing in other countries as an afterthought. You should consider whether you want to file in foreign countries before filing a nonprovisional application...more