Patent trolls, also called "non-practicing entities" ("NPE"), a rather more elegant name, have become a serious threat to the patent system, particularly in the IT arena in the United States ("U.S…
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…
On June 4, 2013, the U.S. White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative…
by Stefan Lieck
In a judgement of 17 January 2013 (docket no. I-2 U 87/12), the Düsseldorf Higher Regional Court confirmed its previous case law according to which the issuance of a preliminary…
One of the big difficulties in the everyday evaluation of inventive step revolves around the role that the problem underlying the invention should play in such evaluation. Two examples of more recent…
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 21 May 2013, the Court of Appeal issued its rejection of Lilly’s appeal in relation to Actavis’ purported service of an application for a Declaration of Non Infringement (DNI) in respect of not…
by Stephan von Petersdorff-Campen
The amount at issue in a legal claim serves as the basis for establishing the court fees and lawyers’ fees to be reimbursed to the successful party. The consequences…
The FCJ decided in the recently published decision “Wundverband” [Wound Dressing] “Moelnlycke Health Care v. BSN Medical” (docket X ZR 70/12) on 19 February 2013 that if patentee has granted an…
When a preliminary injunction is lifted, the debate arises regarding the amount of damages that the company affected by the preliminary injunction may claim against the applicant. A recent judgment…
