EPLAW PATENT BLOG

UPC – EPLAW asks UPC Preparatory Commitee to consider parties’ wishes for remote hearings

Posted: June 1st, 2021

EPLAW has written to the UPC Preparatory Committee noting that while the benefits of remote hearings have been much appreciated in national proceedings during the current health crisis, in more normal times fully remote trials should not become a new normal and certainly should not be imposed upon parties’ against their express wish. The Committee […]

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DE – Application of FRAND objection by Düsseldorf District Court following FRAND-Einwand I and II

Posted: May 27th, 2021

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 With its judgments of May 11, 2021, docket nos. 4b O 83/19, 4b O 23/20, and 4b 49/20, the Düsseldorf District […]

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DE – Court of Justice – FRAND-Einwand II

Posted: May 27th, 2021

Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17 / FRAND Following the decision FRAND-Einwand of May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice had to deal with the dispute between Sisvel and Haier and decide on Haier’s FRAND defense for a second time. With its […]

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EPO – VIDEOCONFERENCES WITHOUT CONSENT OF ALL PARTIES – ENLARGED BOARD OF APPEAL DECIDES ON OBJECTIONS FOR REASONS OF SUSPECTED PARTIALITY

Posted: May 20th, 2021

European Patent Office, Enlarged Board of Appeal, G 1/21 – Interlocutory Decision of May 17, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referral case G 1/21 in which the Enlarged Board of Appeal (EBA) has to decide on the question whether oral proceedings can be held as VICO without the consent of all […]

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News – Book Launch: “The Protection of Intellectual Property Rights under International Investment Law”

Posted: May 20th, 2021

On May 27, 2021 a virtual webinar will be celebrating the launch of “The Protection of Intellectual Property Rights under International Investment Law” by Simon Klopschinski, Christopher S. Gibson, Henning Grosse Ruse-Khan “This comprehensive monograph provides detailed analysis and treatment for the complex interplay between the protection of intellectual property rights and international investment law, […]

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ES – VORWERK v. LIDL SUPERMERCADOS

Posted: May 17th, 2021

Commercial Court No. 5 of Barcelona, Spain, 19 January 2021, case number 1231/2019 In one of the most mediatic patent lawsuits of recent times in Spain, the Commercial Court no. 5 of Barcelona, in its Judgment of 19 January 2021, ordered the supermarket chain Lidl to cease all commercial exploitation in Spain of its “Monsieur […]

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EPLAW – YOUNG EPLAW Mock Trial and Congress 2021

Posted: April 20th, 2021

EPLAW hosted the virtual Young EPLAW Mock Trial and Congress on 18 and 19 April. Young EPLAW is a yearly event open for associates of EPLAW members up to the age of 36. In recent years, the Congress is preceded by a Mock Trial. In the Mock Trial, 18 advocates pleaded a patent case concerning […]

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UK – Kwikbolt v. Airbus / Applying the “inventive concept” to the doctrine of equivalents

Posted: April 20th, 2021

Further to the UK Supreme Court introducing a doctrine of equivalents into UK patent law in the summer of 2017 (see here), the UK courts are gradually coming to terms with the various approaches that have to be applied in deciding whether to apply the doctrine in the absence of “literal” infringement of a claim. […]

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UK – Facebook Ireland v. Voxer IP

Posted: April 20th, 2021

Facebook Ireland Limited v Voxer IP LLP The UK Supreme Court introduced a doctrine of equivalents into UK patent law in the summer of 2017 (see here). In this short judgment arising from a Pre-Trial Review (PTR), Lord Justice Birss provided guidance on how, and at what stage of proceedings, a party should plead a […]

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UK – Vestel v. Access Advance & Philips

Posted: April 20th, 2021

(1) Vestel Elektronik Sanayi Ve Ticaret A.S. (2) Vestel UK Limited v (1) Access Advance LLC (2) Koninklijke Philips N.V. , 26 March 2021, Court of Appeal, UK, Case No. A3/2020/0019 The UK Court of Appeal (“CofA”) dismissed an appeal by Vestel against the decision that the UK Court had no jurisdiction to hear Vestel’s […]

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