In our previous blog Opting out and Opting in we discussed some of the questions regarding the transitional regime under the Unified Patent Court Agreement (UPCA). Due to its importance and ambiguity…
by Hetti Hilge
The Higher Regional Court Düsseldorf has set up a second Senate (panel of judges) that is specifically competent for patent infringement litigation. The Higher Regional Court is the…
The readers will recall that on 18 July 2013, the European Court of Justice ("ECJ") handed down its controversial judgment in case C‑414/11 Daiichi Sankyo Co. Ltd, Sanofi-Aventis Deutschland GmbH v.…
On 1 January 2014 the New Regulation (EU) No 608/2013 concerning customs enforcement of intellectual property rights will enter into force. Patent practitioners should note that national utility…
In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court…
Over the past months several webites have been launched that try to track and trace any and all news and documents on the Unitary Patent and Unified Patent Court ("UPC"). Today the faithful UPC…
Jurisdiction at the place where the harmful event occurred or may occur pursuant to Article 5 (3) of Regulation EC/44/2001 can be established in a negative declaratory action even though this action…
Today the UPC Rules Committee is passing the official version of the 15th draft of the UPC Rules of Procedure to the Commission. It is anticipated that this will become the first draft for official…
and Fergus Tyrrell.
Despite recent guidance, the UK High Court has deemed it necessary to refer a question to the Court of Justice of the European Union (CJEU) that seeks to clarify what is meant by…
On 16 April 2013 the European Court of Justice ("ECJ") handed down a judgment dismissing the nullity actions filed by Spain and Italy against Council Decision 2011/167/EU, of 10 March 2011, whereby…
