EPLAW PATENT BLOG

EPO – ENLARGED BOARD OF APPEAL ON THE RIGHT TO BE HEARD

Posted: July 27th, 2021

European Patent Office, Enlarged Board of Appeal, R 5/19 – Violation of the right to be heard, decision of March 15, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Filing a petition of review under Article 112a EPC is not a very promising exercise, considering that less than 7% of the petitions are successful with […]

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UK – Fiberweb v. Geofabrics

Posted: July 26th, 2021

Fiberweb v. Geofabrics, Court of Appeal, 11 June 2021, Case no. [2021] EWCA Civ 854 Background The UK Court of Appeal dismissed an appeal by Fiberweb against a finding of Mr David Stone (sitting as a Deputy High Court Judge) that Geofabric’s patent relating to trackbed liners for railways was valid and infringed. The patent […]

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UK – Optis Cellular Technology and others v. Apple

Posted: July 26th, 2021

Optis Cellular Technology LLC and others v Apple Retail UK Limited and others, High Court of England & Wales, 25 June 2021, London, [2021] EWHC 1739 (Pat) On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the ongoing Optis v Apple UK […]

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UK – Mitsubishi Electric Corporation v. Oneplus Technology

Posted: July 22nd, 2021

Mitsubishi Electric Corporation and others v. Oneplus Technology (Shenzhen) Co Ltd and others, 26 April 2021, Case No. [2021] EWHC 1048 (Pat) In this judgment of the Patents Court, Mellor J dismissed the infringement claim of the Claimants in the first technical trial in these proceedings, holding that the declared standard essential patent in issue was […]

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DE – Unreasonable counter-offer in FRAND negotiations

Posted: July 20th, 2021

Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19 With its judgment dated March 2, 2021, docket no. 2 O 131/19, the Mannheim District Court applies decisions “FRAND-Einwand” (judgment dated May 5, 2020, KZR 36/17, GRUR 2020, 961) and “FRAND-Einwand II” (judgment dated November 26, 2020, KZR 35/17, GRUR 2021, […]

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UK – Godo Kaisha IP Bridge 1 v Huawei Technologies

Posted: July 16th, 2021

Godo Kaisha IP Bridge 1 v Huawei Technologies Co. Ltd & Ors [2021] EWHC 1261 (Pat) (14 May 2021) In this Patents Court judgment deputy High Court Judge Mr Nicholas Caddick Q.C. set aside the Order of Chief Master Marsh insofar as he permitted alternative service on two of the defendants, Huawei Technologies Co. Limited […]

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ES – EDWARDS LIFESCIENCES v. MERIL

Posted: July 7th, 2021

Commercial Court No. 5 of Barcelona, Spain, 30 December 2020, case number 66/2020 (ECLI:ES:JMB:2020:310A) In this decision dated 30 December 2020, Barcelona Patent Courts provided some useful insights on how to meet the periculum in mora requirement (danger in delay) for the granting of precautionary measures for patent infringement in Spain. According to Spanish procedural […]

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UK – Add2 v. dSPACE

Posted: July 5th, 2021

UK Patents Court holds electronic interface patent invalid, by Graham Burnett-Hall, Marks & Clerk The UK Patents Court has issued its judgment in an infringement action brought by Add2 Research and Development Limited against dSPACE Digital Signal Processing & Control Engineering GmbH and dSPACE Limited, in which Add2 alleged infringement of European Patent No. 1 […]

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IT – Astrazeneca v. Teva / Fulvestrant

Posted: June 30th, 2021

Astrazeneca vs. Teva, Court of Milan, 24 December 2020, docket number 8782/2020 The last available decision on Fulvestrant in Italy was handed down by the Court of Milan on 24 December 2020, which held invalid/ineffective three patents of AstraZeneca. With a detailed and extensive reasoning, the Court declared EP’573 invalid for lack of inventive step, […]

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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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