On 27 September 2012, a new consolidated version of the Draft Agreement on a Unified Patent Court (Document 14268/12) was (finally) published. The consolidated text includes some of the amendments…
In the wake of the UPC Agreement having been entered into under the Danish presidency, there was widespread euphoria about the many, potentially positive, aspects of Danish SME litigants being able…
The Court decided it has jurisdiction in preliminary proceedings in respect of the alleged unlawful act by a Dutch company, consisting of facilitating - as the holder of a marketing authorization -…
The Court of Justice ruled that claims against different companies located in different Member States marketing the same product regarding infringement of a a European patent in one jurisdiction were…
With its decision of 12 July 2012, Case C-616/10 - Solvay on the interpretation of Articles 6(1), 22 (4) and 31 of Regulation (EC) No. 44/2001 (Brussels I Regulation, "BR") the European Court of…
The Higher Regional Court Dusseldorf decided on 26 April 2012 (docket I-2 U 18/12) that the admissibility (under Article 27 BR) of exclusive licensee’s patent infringement action despite pending NDA…
The numerus clausus of legally permissible pieces of evidence in the new Swiss Civil Procedure Code (CPC) – unlike in many other codes of civil procedure – does not provide for private expert…
The District Court of Duesseldorf will set up a third division (panel of judges) for patent infringement litigation. In addition, the Duesseldorf Court of Appeal will at least staff up, and possibly…
The creation of a Unified Patent Litigation System seems to have a lot of political momentum these days, with one proposal following the other at fairly short intervals. This blog discusses the…
