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Rowan Freeland considers the potential impact of Brexit on the Unified Patent Court - can the UK still play a role?
Submitted: 09 November 2018
French court surprisingly withdrew a court order granting infringement seizure on the ground that the patentee request was not supported by sufficient evidence for the infringement suspicion. It is not clear whether the court intended to hamper patentees’ access to infringement seizure or if this decision was simply motivated by the specifics of the case.
Submitted: 25 October 2018
CJEU decision C-527/17 holds that an SPC is not available for a medical device authorised under the Medical Devices Directive 93/42/EEC.
Submitted: 23 October 2018
The Court of Appeal has given judgment in a case relating to licensing of Standard Essential Patents. The judgment finds that a worldwide licence can be compliant with FRAND terms and a patentee does not need to offer a per-country licence.
Submitted: 26 July 2018
After the opinion of Advocate General (Wathelet) on 25 April, the Grand Chamber of the Court of Justice of the European Union (CJEU) has today handed down their decision in Teva v Gilead, which seeks to set out the criteria for a product to be “protected” by a patent according to Article 3(a) of the SPC Regulation.
Submitted: 25 July 2018
On 7 June 2018, the Paris Court of First Instance issued a preliminary injunction against T’s generic version of N's blockbuster drug Exforge.
Submitted: 14 June 2018
On 28 May 2018, the European Commission announced a legislative proposal to amend the SPC Regulation by introducing an "export manufacturing waiver". This article provides an overview of the main provisions.
Submitted: 24 May 2018
The importance of registering an exclusive licence was underlined in a recent High Court decision, where the claimant exclusive licensee was deducted 35% of its costs in successful infringement proceedings for failure to register an exclusive licence.
Submitted: 15 May 2018
This article discusses the issues that licensors need to consider when terminating a patent licence, as well as the practical implications resulting from termination of such licence.
Submitted: 09 May 2018
Part six of a six part series reviewing the patent litigation landscape in Europe - the Future.
Submitted: 02 May 2018
The UK Patents Court has recently reiterated the perils of hindsight when attacking patents on the ground of obviousness. In upholding the patent, the decision also shows how fuzzy boundaries can defeat ambiguity attacks.
View other articles in this series
Podcast 634: How should businesses prepare for GDPR? Individuals’ rights
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The Unified Patent Court is coming and will eventually have exclusive jurisdiction over all European Patents and new European Patents with Unitary Effect.
Our microsite gives guidance on how the new court system will work and key issues to consider.
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