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Thomas Musmann (Rospatt Osten Pross)
FRAND and compulsory license defense - District Court Düsseldorf refers questions on the available remedies for owners of standard essential patents to the Court of Justice of the European Union (CJEU)
April 02, 2013

by Hetti Hilge The District Court Duesseldorf stayed a case between Huawei and ZTE concerning mobile and base stations within the LTE standard and referred five question to the CJEU (docket No. 4b O…

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Thorsten Bausch (Hoffmann Eitle)
CJEU to Review Anti-trust Compulsory License Defense
March 28, 2013

The Regional Court Dusseldorf submitted on 21 March 2013 a referral to the CJEU with five questions regarding the interpretation of Art. 102 TFEU relating to the antitrust objection of compulsory…

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Richard Ebbink (Brinkhof)
Provisional Cross-Border Jurisdiction in Patent Cases according to the CJEU in Solvay
March 15, 2013

Introduction The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell…

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Brian Cordery (Bristows)
Unitary Patents and the Unified Patent Court – Update
March 07, 2013

As previously reported on this blog, the new Unified Patent Court (UPC) will bring the biggest change in the patent litigation landscape Europe has ever seen. It will soon be possible to obtain a…

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Thorsten Bausch (Hoffmann Eitle)
New Regulation on Customs Enforcement May Come into Force Soon - Patent Rights Will be Strengthened
February 18, 2013

For some years the European Commission has been drafting a new “Regulation Concerning Customs Enforcement of Intellectual Property Rights” replacing present Regulation EC/1383/2003. It now appears…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
Is Poland still enthusiastic about UPC?
January 31, 2013

The Polish government's enthusiasm for the EU patent package has seriously dwindled of late. It appears to have taken several steps back with respect to the implementation of a unified patent…

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Brian Cordery (Bristows)
Timings for the Unitary patent system, and impact on UK participation of a UK referendum on EU membership
January 30, 2013

As has been well publicised, the end of 2012 was a time of considerable progress in the long history of the Unitary patent and Unified Patent Court (“UPC”) dossier, culminating in adoption of the…

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Thomas Musmann (Rospatt Osten Pross)
German Federal Supreme Court rules on the patentability of neural precursor cells
January 21, 2013

by Miriam Büttner On 27 November 2012 the German Federal Supreme Court (BGH) decided on the ethical problematical question, if neural precursor cells which origin from human stem cells are patentable…

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Thorsten Bausch (Hoffmann Eitle)
The Unitary Patent System – What’s Up Next? – The great challenge of fixing the fees to fit the needs of the user
January 03, 2013

Following the positive vote by the European Parliament on 10 December 2012 and the European Council of Minister’s adoption of the Regulation EU/1257/2012 on the Unitary Patent and the Regulation EU/…

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Thorsten Bausch (Hoffmann Eitle)
EU Patent Makes Next Step - But Whereto? Success or Abyss?
October 12, 2012

On 27 September 2012, a new consolidated version of the Draft Agreement on a Unified Patent Court (Document 14268/12) was (finally) published. The consolidated text includes some of the amendments…

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