When analysing inventive activity, one risk that appears to be here to stay is that of hindsight. As Richard Ebbink very aptly put it in a workshop held at the INGRES Institute in Zurich on 8 and 9…
In the first period of functioning of the Unified Patent Court, the judge-rapporteur – who has important powers in the new system – should as much as possible revert issues to the panel of judges as…
In its research concerning the complaint that was filed against ratification of the Unified Patent Court Agreement, the German Federal Constitutional Court (FCC) gave a series of mainly German…
The Federal Constitutional Court in Germany has started investigating the constitutional complaint that was filed earlier this year against the German ratification of the Unified Patent Court…
The Productivity Commission released its final report into Australia’s IP arrangements in December 2016 (covered in our post earlier this year, ‘IP Rights vs IP Wrongs’). Now, the Australian…
In March our partner Hetti Hilge reported on a preliminary injunction by which the Federal Patent Court granted Merck an interlocutory compulsory license for Merck’s HIV drug Isentress in the light…
Lithuania completed the ratification formalities of the Unified Patent Court Agreement on 24 August 2017 by depositing its instrument of ratification with the secretariat of the EU Council in…
Earlier this year, the Danish Maritime and Commercial Court rendered judgment in a patent case between Carl Freudenberg and Stadsing (SH2017.T-14-14S). Carl Freudenberg was the holder of a patent for…
The surprising request by the German Federal Constitutional Court (FCC) to the German President to wait with his executing of the UPC ratification law, pending the outcome of a - heretofore unknown…
The Patent Trial and Appeal Board’s construction of a key claim term in a patent directed to a method for fabricating a self-aligned contact hole in a semiconductor circuit was overbroad in light of…