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…
This week, I have the pleasure of speaking in Amsterdam at C5’s 19th Annual Forum on Pharma & Biotech Patent Litigation in Europe, in a panel devoted to running and defending preliminary injunctions…
There are moments in the academic calendar when reading becomes something other than triage. The end of year 2025—when the inbox slows, deadlines loosen, and the professional reflex to read “for…
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…
In Du Hast, But Not So Fast, I suggested that the apparent hegemony of a few UPC divisions would in time recede under the pressure of practice and appellate calibration. The plot seems to be moving…
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…
Earlier this week, we examined the UPC's first case on UPC “saisie-contrefaçon” (or "SC", see here). Today, we turn our attention another order of this type, which has been rendered by the Paris…
It's an understatement to say that it's not always very easy to be a French patent litigator in a transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard…
