On 12 February I posted the first of two notes on the forthcoming joint FRAND trial arising out of actions between IPCom and Nokia (Claim No: HC 10 C01233) and HTC and IPCom (Claim HC 11 C02064),…
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…
Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent…
In a recent decision (BGH X ZR 7/12) the Bundesgerichtshof had to decide whether the Appeal Court violated its general obligation to elucidate the facts relevant for the decision by not ordering the…
Faithfully implementing Article 9 §4 of Directive No. 2004/48/EC, Arti-cle L. 615–3 of the French Intellectual Property Code (hereinafter referred to as “IPC”)…
FRAND licensing terms (Fair, Reasonable, and Non-Discriminatory) and their impact upon electronics and telecommunications patent litigation is fast becoming a hot topic amongst the patent blogs. One…
On 5 December 2012, the Civil Chamber of the Supreme Court handed down an interesting judgment confirming that the non-discrimination principle enshrined in articles 27.1 and 70 of TRIPS trumps any…
The German Federal Patent Court (FPC) has recently published its first decision (3 Ni 28/11 of 2 May 2012 “Ranibizumab”, GRUR 2013, 58) dealing with the interpretation of related CJEU Judgments “…
by Bernward Zollner
In a case called "Produktionsrückstandsentsorgung" the German Bundesgerichtshof has discussed a case in which the claim of the litigious patent had been amended and narrowed with…
By order of 16 October 2012 in Sperotto v. Bolpagni , the Court of Turin stated, in line with a few other of its recent decisions, that patent infringement ordinary proceedings (even if including a…
