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Unified Patent Court: First Ruling on Equivalent Infringement

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the...more

UPC: Patentees No Longer Locked Out by Pre-Transitional Period National Litigations

In a November 12, 2024, decision, the Court of Appeal ("CoA") of the Unified Patent Court ("UPC") has clarified under which circumstances a European patent that has been opted out and has been the subject of legal proceedings...more

The Unified Patent Court: Also an Attractive Jurisdiction for SMEs

The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory...more

Prior Art and Public Availability: Key Decisions in German Patent Litigation

The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

Unified Patent Court Publishes Its First Case Load Statistics

The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

UPC Nullity Actions: The New Distribution Scheme Takes Shape

The redistribution of competences to the Munich, Paris, and Milan central chambers takes shape and brings complexity for chemistry patents....more

New Intellectual Property Considerations and Risks for Autonomous Vehicles

In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more

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