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…
“Never interrupt your enemy when he is making a mistake.” — often attributed to Napoleon, and now, perhaps, to anyone still asking for a stay without a strategy.For years, European patent litigation…
A ball may reach the line and still not cross it. Jurisdiction obeys the same logic.The order delivered on 13 March 2026 by the Court of Appeal of the Unified Patent Court in Adobe Inc, OpenAI LP &…
“Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements.” — Schuman Declaration, 9 May 1950The Unified Patent Court was not created to…
