From remedy to orderFew disputes over UPC injunctions still turn on whether they will issue. The argument has moved to the terms of the order.The Court of Appeal has narrowed the first question with…
Permanent injunctions granted in 94 per cent of the patent decisions examined. Proportionality expressly assessed in 0.6 per cent. Since January these two figures, taken from the executive summary of…
Today, I would like to offer a review of Léon Dijkman’s The Proportionality Test in European Patent Law and the UPC, a timely and ambitious contribution to the fast-evolving law of patent remedies in…
The UPC Paris Local Division has just released its much-anticipated decision in Merz v. Viatris, which at first glance looks like a familiar pharmaceutical case. A generic product moves through the…
For months, commentary on Boehringer has flourished across the European patent community. Yet amid the noise, the fundamental question—what the decision truly changes in the logic of injunctions…
“I still haven’t found what I’m looking for.” U2’s iconic lyric might capture how patent holders feel when an anti-suit injunction (ASI) from a foreign court threatens to derail enforcement in Europe…
Is Germany no longer the Eldorado for preliminary injunctions (“PI”) applicants? Whatever the answer to this question, the UPC local division of the most famous German patent forum (i.e., Düsseldorf)…
Readers are familiar with the story of the founding of the UPC, which “obliged” its founders to make it an ad hoc Court, not integrated into the European judicial system (with a reinforced…
Yes and no, it seems. Well, yes and then no, if recent French decisions are anything to go by. In short, Hesitations Blues reign. This attitude is all the more interesting given that the question,…
