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IP Reports, Patent Litigation, Licensing & Technology Transfer, Antitrust Law
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20

The Düsseldorf District Court follows the guidelines of the German Federal Court of Justice (FCJ)…

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IP Reports, Patent Litigation, Licensing & Technology Transfer, Antitrust Law
FRAND-Einwand II: German Federal Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17

With its new decision FRAND-Einwand II, the German Federal Court of Justice did not only confirm its…

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IP Reports, Patent Litigation, Oppositions and Nullity
The first year with the new Rules of Procedure of the Boards of Appeal RPBA 2020 – An overview and recommendations

This IP Report takes a look at the application of amended Art. 13(1) and (2) RPBA 2020 in these…

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IP Reports, Patent Prosecution, Trademarks, Designs
Brexit: Address for service in proceedings before the IP Office of the United Kingdom

In proceedings before the IP Office of the United Kingdom (UKIPO), representation by a lawyer or…

IP News on
Oppositions and Nullity, Patent Prosecution
User survey on the amendment of the Rules of Procedure of the Boards of Appeal by adding a new Article 15a (oral hearing as a video conference)

May oral proceedings before courts be held as pure video conferences, even in times outside of a…

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IP Reports, Patent Litigation, Oppositions and Nullity
Regarding claims for provision of information and rendering of accounts regarding deliveries abroad – the decision passed by the Higher Regional Court of Duesseldorf, docket no. I-2 U 25/19

According to a judgment by the Higher Regional Court of Duesseldorf dated August 13, 2020, a…

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IP Reports, Trademarks, Designs
Brexit and Trademarks and Designs

Starting with a summary of the provisions in the Withdrawal Agreement, we will present a more…

IP News on
IP Reports, Patent Prosecution, Chemistry, Pharma & Life Sciences
Regarding the patentability of plants and animals in Europe – the G 3/19 decision (“Pepper”) of the European Patent Office

European patents on plants, plant material or animals exclusively obtained by means of an…

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IP Reports, Patent Litigation, Oppositions and Nullity, Patent Prosecution
The ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) – is the UPCA ready to enter into force?

The history of the Unitary Patent and the Unified Patent Court project has been full of surprises…

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IP Reports, Patent Litigation, Antitrust Law
FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17

By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court…

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IP Reports, Patent Litigation, Trademarks, Designs
Procedural right to equality of arms and hearing respondents in preliminary injunction proceedings – German Federal Constitutional Court, decision dated June 3, 2020, case no. 1 BvR 1246/20

With its decision dated June 3, 2020, the German Federal Constitutional Court (FCC) confirms and…

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Trademarks
Reform of the German Trademark Act transposing Trademark Directive (EU) 2015/2436: Significant amendments and new possibilities

The Modernization Act came into effect in two steps:  The first part became effective on January 14,…

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IP Reports, Patent Litigation, Oppositions and Nullity, Patent Prosecution
The German Act on the Ratification of the UPCA null and void – Just an operational accident or an incurable disease?

The Act has been declared null and void because it had not been approved by the two-thirds majority…

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Patent Litigation, Licensing & Technology Transfer, Patent Prosecution
Obligations of SEP holders and SEP users (Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16)

The decision relates to the specification of various criteria regarding the enforcement of…

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Patent Prosecution, Antitrust Law
CJEU on the assessment in terms of antitrust law of pay-for-delay agreements between the holder of pharmaceutical patents and the manufacturers of generic medicines – Generics (GB), GSK et al. vs. Competition and Markets Authority

The decision has many facets and includes important statements regarding the general question of the…

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Patent Litigation, Oppositions and Nullity, Patent Prosecution
Unitary Patent and Unified Patent Court – Is it all over or is there a Plan B?

What will become of the European Unitary Patent and the Unified Patent Court after the United…

IP News on
Patent Litigation
Higher Regional Court of Munich on the requirements for the reasons for a preliminary injunction in patent litigation – change of previous case law (judgment of December 12, 2019 – Case 2 U 4009/19*) – "Leiterklemme"

The Higher Regional Court of Munich upheld the first-instance judgment in so far as it found a claim…

IP News on
Patent Litigation, Licensing & Technology Transfer, Antitrust Law
New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I

With the notice on handling the defense of compulsory license under antitrust law according to…