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Thorsten Bausch (Hoffmann Eitle)
Oral Proceedings by Videoconference - some light reading at the end of a hot debate
November 27, 2020

So the consultation of the public by the Boards of Appeal has ended today. It will be interesting to see the results and the impact, if any, they will have on the final wording of Art. 15a EPC. In…

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Kluwer Patent blogger
'Courts cannot shy away from tackling FRAND issues'
November 27, 2020

“We are at a junction where market players lost all confidence on how they should position themselves either as SEP owners or defendants and prospective licensees.” That is the opinion of Peter…

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Kluwer Patent blogger
Preparatory Committee: Unified Patent Court an important step closer
November 26, 2020

The UPC Preparatory Committee has reacted with enthusiasm to the approval in the German Bundestag of the ratification legislation for the Unified Patent Court Agreement.  In an announcement on…

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Kluwer Patent blogger
German Bundestag approves legislation to ratify the Unified Patent Court Agreement
November 26, 2020

The German Bundestag has approved draft legislation to ratify the Unified Patent Court Agreement. 571 representatives support the UPCA, 73 voted against. It means the necessary 2/3 majority was…

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Matthieu Dhenne (Dhenne Avocats)
Compulsory licensing: you said “taboo”?
November 25, 2020

In his 1913 essay Totem und Taboo, Freud defined taboo as a prohibition related to what is considered sacred or impure. The famous psychoanalyst insists on the irrationality of the phenomenon. Thus,…

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Thorsten Bausch (Hoffmann Eitle)
The EPO's Ride from Patentamt to Oktroybureau
November 24, 2020

Let's start with a bit of etymology today. The official translation of "European Patent Office" into German is "Europäisches Patentamt", the latter obviously being a composite of Patent and Amt.The…

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Miquel Montañá (Clifford Chance)
Lost in translation
November 23, 2020

Spain has a well-deserved reputation of being a rather formalistic country when it comes to litigation. For example, according to the Civil Procedure Act, a Spanish translation of documents written…

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Kluwer Patent blogger
UPCA ratification bill progresses in German Bundestag - Academics: UPC not the best solution for Europe and for innovation
November 20, 2020

(UPDATED) The German draft ratification bill of the Unified Patent Court Agreement will be discussed in the crucial legal committee of the Bundestag next Wednesday.  It is one of the issues that…

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Binxin Li, Binxin Li, Chuanshu Xu (Baker & McKenzie FenXun (FTZ)), Leon Li (Baker & McKenzie FenXun (FTZ) Joint Operation Office )
Recent development on SEP disputes in China — anti-suit injunction
November 20, 2020

A recent dispute over standard essential patent (SEP) between Inter Digital, Inc. and its affiliates (collectively "IDC") and Xiaomi Communication Technology Co., Ltd. and its affiliates (…

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Matthieu Dhenne (Dhenne Avocats)
Overview of FRAND litigation in France: is a new era coming?
November 19, 2020

2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. Although the voices of French Judges were still little heard in the midst…

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