The PACTE law of May 22nd [1] introduced new opposition proceedings against French patents before the French PTO. A draft amendment to the Intellectual Property Code (hereinafter referred to as "IPC…
The leading Supreme Court case of Actavis v Eli Lilly [2017] UKSC 48 introduced a doctrine of equivalents into UK patent law for the first time in many years. Since then, the Court of Appeal has…
In its latest ruling on FRAND and the Art. 102 TFEU defense, the OLG (Higher Regional Court) Karlsruhe put an emphasis on the ‘fairness’ of the licensing negotiation procedure and thus on the ‘F’…
"Alle Jahre wieder" (Every year) is the title of one of the most popular German Christmas songs. And alle Jahre wieder / every year there is advent time, which seems to be the perfect time for the…
On 29 November 2019, the Patents Court of England and Wales handed down it decision revoking Conversant's UK patent relating to an improved user interface on smartphone devices. Unlike earlier…
Where an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of…
“If I listen to [judge rapporteur in the case against the Unified Patent Court Agreement] Peter Huber and the German Constitutional Court (FCC) rules at the end of March, I have the optimistic view…
The Supreme Court held that the Court of Appeal was entitled to treat the judge's failure to appreciate the logical consequence of a particular finding as an error of principle which allowed an…
Three PTAB decisions were decided by APJs invalidly appointed, but two Circuit Judges would find the defect wholly cured by Federal Circuit’s recent Arthrex decision.
The U.S. Court of Appeals for…
The constitutional complaint holding up the start of the Unified Patent Court will be decided upon in the first quarter of next year. Justice Peter Huber of the German Federal Constitutional Court (…