UPC – And it got up again-
Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court...more
The German patent system has repeatedly proven to provide reliable and effective means to enforce patent rights against infringers. There are three key reasons why the German patent system is so attractive for patentees when...more
On November 26, the Dusseldorf Regional Court handed down a long awaited decision in the so-called automotive patent wars (case ID 4c O 17/19). The court referred heatedly debated questions in connection with the enforcement...more
12/16/2020
/ Court of Justice of the European Union (CJEU) ,
European Commission ,
Federal Cartel Office (the FCO) ,
FRAND ,
German Federal Supreme Court ,
Germany ,
Huawei ,
International Litigation ,
Nokia ,
OEM ,
Standard Essential Patents ,
Treaty on the Functioning of the European Union (TFEU) ,
ZTE
With brexited UK announcing that it will not join Europe’s long-awaited Unified Patent Court (UPC), the establishment of an efficient pan-European patent litigation system faces ever-mounting challenges. Last Friday, the...more
The EU Trade Secrets Directive, officially titled “Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (the...more
Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods -
On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more
4/10/2017
/ Cheerleaders ,
Co-Ownership ,
Component Parts Doctrine ,
Copyright ,
Copyright Litigation ,
Copyrightable Subject Matter ,
Extraterritoriality Rules ,
Fashion Design ,
Foreign Corporations ,
Germany ,
Grace Period ,
Graphic Designs ,
Laches ,
Life Technologies Corp v Promega Corp ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
Section 101 ,
Star Athletica v Varsity Brands ,
Statutory Damages ,
The Copyright Act ,
Uniforms
A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more
The Survey Says: Tiffany Is Not Generic for A Ring Setting -
Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more
10/8/2015
/ Abuse of Dominance ,
Abuse of Process ,
America Invents Act ,
Apple v Samsung ,
China ,
Costco ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
European Court of Justice (ECJ) ,
Fair Use ,
FRAND ,
Germany ,
Hedge Funds ,
Injunctive Relief ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Judicial Review ,
Microsoft ,
Monopolization ,
Motion for Sanctions ,
Motorola ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Penalties ,
SAIC ,
Standard Essential Patents ,
Summary Judgment ,
Tiffany and Company ,
USPTO ,
Versata
The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more
7/28/2015
/ Abuse of Dominance ,
Anti-Competitive ,
Apple ,
Apple v Samsung ,
Damages ,
ETSI ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
FRAND ,
Germany ,
Good Faith ,
Injunctive Relief ,
Intellectual Property Protection ,
License Agreements ,
Microsoft ,
Motorola ,
Orange Book ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Popular ,
Samsung ,
Smartphones ,
Standard Essential Patents
IP Pitfalls in Tech M&A Transactions -
Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more
7/22/2015
/ Apple ,
Attorney-Client Privilege ,
Co-Ownership ,
Copyright ,
Discovery ,
Documentation ,
Due Diligence ,
Employee Rights ,
Employer-Owned Intellectual Property ,
EU ,
Exceptions ,
FedEx ,
Foreign Investment ,
Germany ,
Initial Public Offering (IPO) ,
Insolvency ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Licensees ,
Microsoft ,
Nokia ,
Opt-In ,
Opt-Outs ,
Privilege Waivers ,
Remuneration ,
Representations and Warranties ,
Revenue Sharing ,
TRIPS Agreement ,
Unitary Patent