The German parliament recently passed the Approval Act (the Act) regarding the planned European Unified Patent Court (UPC) and the protocol on a UPC on provisional application (PPA). The Act was passed after Germany’s Federal...more
On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June...more
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
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May...more
In 2019, Nokia filed a series of patent infringement complaints against Daimler before several German courts. Nokia alleged that connected cars made by Daimler infringed Nokia’s patents. Nokia considered the relevant patents...more
On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR 36/17) took place...more
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
2/12/2020
/ Antitrust Provisions ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Single Market ,
EU ,
EU Directive ,
European Parliament ,
France ,
FRAND ,
Germany ,
Intellectual Property Protection ,
IP Litigation ,
Patents ,
Trademark Infringement ,
Trademarks ,
Unified Patent Court
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
12/4/2019
/ Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Damages ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Preliminary Injunctions
On 11 July 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision...more
8/2/2019
/ Anti-Suit Injunctions ,
Automotive Industry ,
Corporate Counsel ,
Ex Parte ,
FRAND ,
Germany ,
Nokia ,
Patent Infringement ,
Patents ,
Preliminary Injunctions ,
Standard Essential Patents
Newly issued EU Regulation 2019/933 provides supplementary protection certificate exemptions for exporting and stockpiling active pharmaceutical ingredients and medicinal products if certain anti-abuse requirements are met....more
7/12/2019
/ Anti-Abuse Rule ,
Biotechnology ,
EU ,
Exports ,
Imports ,
Intellectual Property Protection ,
Labeling ,
Life Sciences ,
Manufacturers ,
Member State ,
New Regulations ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Supplementary Protection Certificate ,
Third Country Entities (TCEs)
In two recent decisions, the German Federal Constitutional Court declared preliminary injunctions (PIs) unconstitutional if they are granted without hearing or advance notice to the defendant. Case Nos. 1 BvR 1783/17, 1 BvR...more
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