The disclosure decision comes firstA comparable licence is never only evidence of a rate. Before the Unified Patent Court, pleading one may open it to an employee of the opponent, keep that employee…
A compass worth havingThe 7th Civil Chamber of the Landgericht München I has done something no European court had done before. On 13 August 2026 it published guidelines, sixty-seven pages long,…
Winning the jurisdiction argument in a long-arm case is not the same as having a claim. On 2 June 2026 the UPC Court of Appeal confirmed that the Mannheim Local Division had been right to hear…
The first question before a European launch is not whether the product infringes. It is where, against whom, on what record and on what timetable that question will be tested. Market-entry opinions…
The least reliable line in a European patent portfolio review is the one that looks most reliable. Opted out: yes. The field is binary, the source is public, and the answer takes four seconds to…
A patent's future construction can be shaped before an infringement action begins. At the European Patent Office, a passage retained, rewritten or deleted during opposition may influence how a court…
Before the Unified Patent Court, a launch communication leads a double life. It can show that infringement is imminent. It can also fix the moment when the right holder knew enough to ask for…
The first strategic choice in a patent dispute is not where to sue. It is where to secure the evidence that will make the claim pleadable, quantifiable and commercially credible. A case may…
My forthcoming book, A Contractual Theory of FRAND: From Private Normativity to Legal Obligation in Technical Standardization, starts from a question that remains insufficiently examined in standard…