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…
This post is a continuation of the previous post published on July 25, 2025 and available here. Said post mentions case No. А40-315385/24 relating to osimertinib, in which the Russian pharmaceutical…
G 1/25 addresses a particularly controversial feature of EPO practice: the requirement to adapt the description. The long-anticipated hearing on G 1/25 took place on 8 May 2026, and unfolded in a…
"Gedanken ohne Inhalt sind leer, Anschauungen ohne Begriffe sind blind." — Immanuel Kant (Thoughts without content are empty, intuitions without concepts are blind.) Recent reactions to my…
Applications in the UPC for Requests to Produce Evidence under r.190 RoP are rare beasts. An Order following one such application was made on 14 April 2026 by the Brussels LD (full panel) in the case…
