As the readers may know, what is referred to as a "protective writ" is an anticipatory defensive mechanism that a person that fears to be sued for patent infringement may use in countries such as…
In its decision "Fahrradkurbeleinheit" ("bike crank assembly") the Higher Regional Court of Düsseldorf has lifted an injunction by the Regional Court of Düsseldorf on appeal (OLG Düsseldorf, I-2 U 78…
In Medeva (C-322/10 of 24 November 2011) the Court of Justice of the European Union (CJEU) had ruled that a Supplementary Protection Certificate relating to a combination of active ingredients can…
In 2008, the English Court of Appeal in Glaxo Group v Genentech ([2008] EWCA Civ 23) gave general guidance on the Patent’s Court discretion to stay legal proceedings on the ground that there are…
The Danish government has now set a date for a referendum to decide on whether or not Denmark is to join the UPC. On 25 May 2014, in connection with elections for the European Parliament, the Danes…
Ex parte measures are rather difficult to obtain in patent matters in Switzerland (except from evidence-protection measures). Nevertheless, the Swiss Federal Supreme Court had the opportunity to…
and Carissa Kendall-Palmer
In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV [2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications…
This Summer we asked for your participation in a poll on the option to bifurcate under the Unified Patent Court (‘UPC’) and the implications this may have for litigation by Non Practicing Entities (‘…
Spanish Courts have recently decided two interesting cases that show that patent litigation is not the exclusive realm of big pharma or high tech. Patent litigation extends its tentacles to quotidian…
With its decision of July 25, 2013 (6 U 541/12), the Higher Regional Court Munich confirmed the first-instance decision finding that licenses under the patents of an insolvent company remain valid…