The lesson of this year's BIO International Convention in San Diego is not that the market has finally discovered the Unified Patent Court; it has been aware of it for some time. It is that life…
At the UPC, quantum is starting to do more than compensate. A public, reasoned figure can become a reference point for licensing, valuation and settlement. The early case law also marks the limit of…
Arbitration as a Distinct Procedural ProductArbitration is more ambitious than mediation, and that ambition has a price. It promises a private, specialized, and enforceable decision rendered by…
The most uncomfortable thing one can say about the Unified Patent Court is not that it is becoming too German. It is that it may never have been built, and is still not quite treated, as a European…
A court of appeal is not a scoreboard, and it is worth saying so plainly at this stage of the debate on the Unified Patent Court. The discussion about how cases are distributed across the UPC’s…
In contemporary SEP litigation, debates about FRAND almost always open with the same questions. What is the correct royalty rate? Which licences should count as comparables? Should the rate be global…
This week, I have the pleasure of speaking in Amsterdam at C5’s 19th Annual Forum on Pharma & Biotech Patent Litigation in Europe, in a panel devoted to running and defending preliminary injunctions…
"The readiness is all." - HamletSometimes a judgment does not change the melody of FRAND law. It changes the instrument through which that melody may be played. Not every player reads the same score,…
"Gedanken ohne Inhalt sind leer, Anschauungen ohne Begriffe sind blind." — Immanuel Kant (Thoughts without content are empty, intuitions without concepts are blind.) Recent reactions to my earlier…
