Procedure

The Court of Justice of the European Union (CJEU) has now issued its long awaited Opinion 1/09 on the draft agreement concerning the creation of a unified patent litigation system (UPLS). As is well…

Summary judgment decisions are unusual in patent cases in the UK. The court will generally only be prepared to determine a claim for patent infringement in very clear cases which do not require oral…

With the recent decisions of the EPO Administrative Council CA/D 2/10 and CA/D 12/10 of 26 October 2010, the provisions originally intended to expedite the examination proceedings before the EPO and…

Germany is still busy handling its first big wave of patent troll litigation. At this stage it seems that some trolls may have underestimated the power of bulk defence. In a case concerning mobile…

H. Lundbeck A/S (hereinafter referred to as Lundbeck) is the holder of European patent EP 0 347 066 entitled “new enantiomers and their isolation”, which designates France and was filed on 1 June…

The Patent Chambers of the Regional Court Munich headed by Judge Guntz and Judge Kaess, introduced a revised procedure to accelerate patent infringement litigation proceedings at the end of 2009…

Certain patent attorneys (patent attorney litigators) have the right to conduct intellectual property litigation in England and Wales, being “any matter relating to the protection of any invention,…

According to Article 79.3 of the 1986 Patents Act, patent rights not registered with the Patent Office may not be invoked against third parties. This article has sparked the debate as to whether a…

The Supreme Court specifically addresses the issue of consideration of decisions issued in parallel cases before the European Patent Office or before national courts in EPC Member States and holds…