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Thorsten Bausch, Mike Gruber (Hoffmann Eitle)
No special rules for SEPs: the value in dispute of a patent in German nullity proceedings will usually be tied to the value set in parallel infringement proceedings, also if it is an SEP
August 05, 2021

The German Federal Court of Justice (FCJ) confirmed that for setting the value in dispute of nullity actions on standard essential patents (SEPs) the well-established general rule applies, i.e. in…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Oticon A/S and GN Resound A/S vs. Sivantos GmbH, EPO
August 02, 2021

Although the grounds of the decision under R. 111(2) EPC do not have to deal in detail with all the arguments of the parties, at least the key points of discussion must be addressed. The grounds must…

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Matthew Raynor (Bristows)
Promptu Systems Corporation V Sky UK Limited And Others, 19 July 2021, Case No. [2021] EWHC 2021 (Pat)
July 28, 2021

In this decision of the Patents Court, Meade J dismissed an infringement claim brought by Promptu against Sky, on grounds that Promptu’s patent lacked inventive step.  The decision is interesting as…

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Miquel Montañá (Clifford Chance)
Low level of judicial activity during the 2021 Mobile World Congress
July 28, 2021

As readers familiar with the telecoms sector will be well aware, Barcelona hosts every February the Mobile World Congress ("MWC"), the most important international trade fair in this field. Due to…

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Roberto Castro de Figueiredo
TRIPS COVID-19 Waiver, Patent Breaking and Investment Treaty Arbitration
July 27, 2021

Almost ten months after India and South Africa sparked the debate on the protection of intellectual property rights with the TRIPS COVID-19 Waiver (IP/C/W/669), there is still no consensus at the…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Rohde & Schwarz GmbH & Co. KG, EPO
July 26, 2021

A change in the composition of the Examining Division is legally allowed. This does not jeopardize the right to be heard and to a fair trial. The ‘equality of arms’ is not hampered by the…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics), Aarushi Mittal (Student, West Bengal National University of Juridical Sciences)
What does the Optis v. Apple case mean for SEP Litigation in the UK?
July 23, 2021

Introduction The implementation of 4G mobile communication technology in the UK has become very expensive for Apple in light of the High Court of England and Wales’ decision last month in Optis v.…

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Kluwer Patent blogger
Top European patent prosecution firms of 2020
July 22, 2021

In 2020 Grünecker, Hoffmann Eitle, Dehns, Marks and Clerk and Vossius and Partner were the numbers 1 to 5 of a list based on the number of issued B1 patents where these firms were listed as the…

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Kluwer Patent blogger
Trade union to EPO president Campinos: Quash unlawful strike restrictions
July 21, 2021

In an open letter to EPO president António Campinos, trade union SUEPO has called for an execution of the recent judgments of the Administrative Tribunal of the International Labour Organization (…

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Binxin Li, Caitlin Hou (Baker & McKenzie FenXun (FTZ)), Elva Yao (Baker & McKenzie)
Further Updates on Patent Linkage and Patent Term Extension in China
July 21, 2021

On 1 June 2021, the Amended Patent Law took effect and introduced patent term extension ("PTE") and patent linkage ("PL"), which are closely related to the pharmaceutical industry. The legislative…

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