Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for…
Board’s obviousness finding was predicated on erroneous finding that claim term "mechanical control assembly" was not a means-plus-function term.
The Patent Trial and Appeal Board erred in finding…
The Court rejected a claim that a new action brought by the claimant asserting additional patents from its portfolio was an abuse of process, finding that a radical change in position by the…
How do competition law and intellectual property work together? That is the main focus of the book ‘The interplay between competition law and intellectual property’, which was published by Kluwer Law…
A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step.
A European patent was granted for a device for the…
The Court of Appeal allowed ZyXEL's appeal, finding that in light of its waiver of its RAND licence rights, declaratory relief to determine the scope and terms of the licence which TQD was bound to…
Proceedings for the preservation of evidence and the subsequent infringement proceedings are two separate proceedings and only the latter is relevant for starting an intervention in opposition…
Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the…
Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of…
While the numerous recent court decisions may suggest so, the ‘F’ in FRAND does not stand for ‘Fashionable’. The reader of this blog, well-informed in patent matters, will know by heart what this…
