Infringement

163 articles available

While the function of a structural element must be considered when interpreting a claim feature relating to such an element, the interpretation must likewise take into account the physical and…

Abstract:FRAND licensing asks implementers to pay today for a benchmark that courts may only define tomorrow – often in disputes to which they were not a party. When later decisions show that agreed…

As far as the authors are aware, there is, as yet, no dedicated blog to plant varieties.  Therefore the following post has been prepared for the Kluwer Patents Blog in the expectation that some of…

On 6 March 2026, the UPC Court of Appeal in Dyson v Dreame & Eurep referred four questions concerning the extent of the UPC’s long-arm jurisdiction to the Court of Justice of the European Union –…

It has been a little over two years since the UPC issued its first order for provisional measures on 22 June 2023. The first year saw six preliminary injunctions (PIs) granted (two ex parte) out of…

In a sophisticated dispute concerning methods for predicting breast cancer recurrence, the Barcelona Court of Appeal (Section 15) rejects infringement. In doing so, it holds a narrow view on method…

Tempus fugit.  It’s hard to believe that the UPC opened for business over two years ago and, after a relatively slow start, is now flourishing.  It would be fair to say that, with certain notable…

On May 27, 2025, the Intellectual Property High Court of Japan ruled in favor of Toray Industries, Inc. in a landmark patent infringement lawsuit (Case No. 2021 (Ne) 10037) concerning the extended…

The Court of Appeal’s judgment in Optis Cellular Technology LLC v Apple Retail UK Ltd [2025] EWCA Civ 552, handed down on 1 May 2025, is arguably the most significant UK FRAND decision since Unwired…