Arbitration as a Distinct Procedural ProductArbitration is more ambitious than mediation, and that ambition has a price. It promises a private, specialized, and enforceable decision rendered by…
Is Brazil in need of an IP reform? A decade ago, the question would have drawn little interest worldwide; today it is hard to ignore. Brazil is one of the world's ten largest economies, and although…
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…
Innovation and patent activity across the Balkan region present a mixed but gradually evolving picture. While patent volumes remain modest compared with larger European innovation hubs, countries in…
The most uncomfortable thing one can say about the Unified Patent Court is not that it is becoming too German. It is that it may never have been built, and is still not quite treated, as a European…
It is less than a year since the Enlarged Board of Appeal issued the landmark decision G 1/24 on the issue of claim interpretation. Already in this time, a divergence has arisen between the Boards on…
A court of appeal is not a scoreboard, and it is worth saying so plainly at this stage of the debate on the Unified Patent Court. The discussion about how cases are distributed across the UPC’s…
In contemporary SEP litigation, debates about FRAND almost always open with the same questions. What is the correct royalty rate? Which licences should count as comparables? Should the rate be global…
This week, I have the pleasure of speaking in Amsterdam at C5’s 19th Annual Forum on Pharma & Biotech Patent Litigation in Europe, in a panel devoted to running and defending preliminary…
"The readiness is all." - HamletSometimes a judgment does not change the melody of FRAND law. It changes the instrument through which that melody may be played. Not every player reads the same score…
