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Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more

UPC Issues First FRAND Decision

In a landmark decision, the Unified Patent Court’s (UPC) Local Division Mannheim set standards for enforcing standard essential patents (SEPs) and for negotiating fair, reasonable, and nondiscriminatory (FRAND) licenses under...more

Legal Lens on the Unified Patent Court - May 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Freeze Frame: EU Copyright Holders Entitled to Restrict Framing

In a case referred by German authorities, the Court of Justice of the European Union (CJEU) resolved a dispute between a visual arts copyright collecting society and a cultural heritage foundation involving a digital library...more

CJEU Referral on Preliminary Injunctions by the Munich I District Court

The 21st Civil Chamber of the Munich I District Court has referred a question on the availability of preliminary injunctions against patent infringements to the Court of Justice of the European Union (CJEU) in Luxembourg...more

Special Report - 2019 IP Law Year in Review – European Issues

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

CJEU Rules on Damages for Unjustified Preliminary Injunctions in “Launch at Risk” Cases

The Court of Justice of the European Union (CJEU) recently handed down its judgment in a case concerning the circumstances under which an intellectual property (IP) right holder is liable for damages caused by a preliminary...more

CJEU Issues Landmark Decision on Patent Term Extensions for Medicinal Products

The Court of Justice of the European Union (CJEU) rendered a landmark decision extending patent term extensions for certain medicinal products in litigation relating to supplementary protection certificates (SPCs) for the...more

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