NL – Vringo / ZTE (FRAND)

Posted: November 5th, 2014

ZTE Corporation et al. v. Vringo Infrastructure Inc., District Court The Hague, Summary proceedings, 24 October 2014, case number / case list number: C/09/470109 / KG ZA 14-870, with thanks to Bart van den Broek, Hoyng Monegier, for sending in the judgment in Dutch and English, as well as a summary in English Vringo is […]


DE – A fair warning relating to warning letters

Posted: August 19th, 2014

Order of the Higher Regional Court Düsseldorf, Germany, dated March 20, 2014, docket no. I-2 W 8/14 On March 20, 2014, the Higher Regional Court Düsseldorf had to decide whether the explicit assertion of claims based on one or several explicitly named national parts of an EP patent in a warning letter or a court […]


DE – Collagenase I and II and Colour delivery system

Posted: June 23rd, 2014

Collagenase I and II (GRUR 2014, 461 + 462) and Colour delivery system – Pharmaceutical applications and expertise in the case of inventive step It may come as a susrpise that the decisions Collagenase I and II delivered in relation to the scope of application for further pharmaceutical applications are presented together with the decision […]


EU Antitrust: Commission finds that Motorola Mobility infringed EU competition rules by misusing standard essential patents

Posted: April 29th, 2014

"The European Commission today adopted a decision which finds that Motorola Mobility's (Motorola) seeking and enforcement of an injunction against Apple before a German court on the basis of a smartphone standard essential patent (SEP) constitutes an abuse of a dominant position prohibited by EU antitrust rules in view of the particular circumstances in which […]


Back online!

Posted: April 23rd, 2014

The EPLAW Patent Blog was temporarily offline, in view of a DDoS attack on the platform that hosts the blog. Sincere apologies for the inconvenience this may have caused.


EU – Munich International Patent Law Conference 2014

Posted: April 9th, 2014

The Technical University of Munich (Prof. Dr. Ann), the Regional Court of Munich I (Dr. Zigann), the Bavarian State Ministry of Justice and the German Patent and Trademark Office will hold their second Munich International Patent Law Conference on 27th June 2014. It will compare the law of the UK, Germany, France, Switzerland and the […]


Book – IP Law of Plants

Posted: March 26th, 2014

Oxford University Press and Foley & Lardner LLP announce the publication of “Intellectual Property Law of Plants"." The book aims to provide a practical analysis on the creation and implementation of specialized, plant-specific intellectual property. The blurb: 'Co-written by an expert team of academics and practitioners, including Foley partner Richard Peet as well as Herbert […]


HU – Metropolitan Court establishes direct effect of Directive 48/2004/EC to speed up revocation proceedings

Posted: March 26th, 2014

A seemingly ordinary patent revocation proceeding turned into a well of path breaking guidelines from the Metropolitan Court, Budapest, regarding the procedure of the Hungarian Intellectual Property Office (HIPO) and even lead to the declaration of the direct effect of Article 3 of Directive 48/2004/EC (Enforcement Directive). In the reported patent revocation proceeding, the patentee […]


DE – Save the date: German/Japanese symposium on patent litigation

Posted: February 21st, 2014

On 2 October 2014, the German-Japanese Lawyers Association, the German Patent and Trademark Office, and three other Japanese Organisations will host a free German-Japanese symposium on patent litigation in Munich. The symposium will be in English. Speakers include: Mr. Toshiaki Iimura, Presiding Judge, President of the Japanese IP High CourtMr. Ryoichi Mimura, Former Judge of jap. IP High […]


CJEU – referral Düsseldorf Court of Appeal re third party supply for Bolar exemption

Posted: January 15th, 2014

CJEU Referral of the Düsseldorf Court of Appeal regarding third party supply for Bolar exemption purposes (now available in English), with thanks to Paul England, Taylor Wessing Last month the Düsseldorf Court of Appeal has referred questions to the CJEU on whether and under what conditions the supply of patent protected substances by a 3rd […]