Litigation

130 articles available

As discussed in my previous post on this Blog, the UPC’s current approach of granting pan-UPC relief across all the Contracting Member States (CMS), based merely on a formal reliance on Article 34…

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…

The Tokyo District Court recently released its "Guidelines for Proceedings in Patent Infringement Lawsuits involving Standard Essential Patents" (the "Guidelines"). This is the first time a Japanese…

The EU Biotech Act is a legislative initiative aimed at simplifying biotech regulation, boosting innovation and investment, and strengthening Europe’s competitiveness and biotech ecosystem, which we…

When the Unified Patent Court opened its doors on 1 June 2023, Europe’s patent community held its breath. Most commentators described what had just begun — the first filings, the first injunctions,…

A Full Court of the Federal Court has ruled that certain patent claims to electronic gaming machines (EGMs, also known as "pokies" or "slot machines") are patentable subject matter; allowing an…

On 1 September 2025, Michael Tappin KC sitting as a Deputy Judge of the High Court handed down a judgment in favour of Bayer’s application to strike out Sandoz’s claim for an account of profits under…

Readers will likely be aware of the cross-jurisdictional litigation considering infringement by Samsung Bioepis / Amgen’s biosimilar eculizumab products of Alexion’s patent, EP 3 167 888 B1 (“EP 888”…

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…