As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual…
The Bundesgerichtshof (German Federal Court of Justice, BGH) clarified the scope and limits of a prior use right of a manufacturer and supplier of components of a patented device (BGH, judgment of 14…
Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of…
The holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take…
On 5 July 2019, the Full Court of the Federal Court of Australia (Full Court) handed down its judgment in the appeal and cross-appeal in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115. …
The Court of Appeal, overturning Birss J’s decision, decided that in the case of TQ Delta v ZyXEL, the answer was no.
The facts of the case leading to this decision are somewhat unusual. TQ Delta…
In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint…
Pemetrexed, yet again: last Wednesday the District Court of The Hague, swimming against the current and after a deep dive in the prosecution file, decided that Fresenius did not infringe Eli Lilly's …
by Hetti Hilge
In its latest FRAND judgment the Düsseldorf appeal court confirmed that in the context of FRAND evaluation the emphasis shall be – in contrast to English practice – on the ND (‘non…
