News & Analysis as of

Appeals European Union

White & Case LLP

The Long and Winding Road: Two Decades of Antitrust Enforcement in Spain

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"Competition forces you to evolve. When everything is easy, you don't improve". ― Rafael Nadal Parera, 1st Marquis of Llevant de Mallorca Introduction - Over the past two decades, Spain's competition enforcement journey...more

A&O Shearman

Federal Circuit Invalidates Patent For Angioplasty Catheter Based On Applicant Admitted Prior Art

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The Federal Circuit recently issued a precedential decision in Shockwave Med., Inc. v. Cardiovascular Sys., Inc. (CSI), affirming-in-part and reversing-in-part the Patent Trial and Appeal Board’s (PTAB) decision, and...more

Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

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The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

White & Case LLP

European Court of Human Rights delivers final ruling in the case of Semenya v. Switzerland

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On 10 July 2025, the European Court of Human Rights (ECtHR) delivered its final ruling in the case of Semenya v. Switzerland1 . The ECtHR, sitting as Grand Chamber, found that Switzerland violated its procedural obligations...more

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

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Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Mayer Brown

Europe Daily News, 04 to 07 July 2025

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COMPETITION - Action brought on 21 May 2025 - Condor Flugdienst Vs. Commission (Case T-320/25) Re: annulment of Commission Decision C(2024) 4729 final declaring a concentration compatible with the internal market and the...more

Morgan Lewis

A German Court Goes Green? Recent Developments in German Climate Litigation

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The Higher Regional Court Hamm dismissed a Peruvian farmer’s claim against a large international energy group for damages related to climate change but acknowledged in an obiter dictum that such claims may be legally possible...more

Foley Hoag LLP

The Enlarged Board of Appeal of the EPO Further Aligns Claim Construction With U.S. and U.K.

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Key Takeaways: - The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued its opinion in G1/24 on June 18, 2025 resolving divergent case law on how patent claims should be interpreted at the EPO. - The...more

White & Case LLP

Class Actions: The evolving landscape

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The global class action landscape continues to evolve. There are more collective actions across Europe than ever before, and the implementation of the EU Directive on "Representative actions for the protection of the...more

DLA Piper

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

DLA Piper on

On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the...more

Herbert Smith Freehills Kramer

UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

McDermott Will & Emery

Bulletin Concurrence XIV - Paris | Janvier ● Février ● Mars ● Avril 2025

1. CONTENTIEUX EPILOGUE DE L’AFFAIRE DES COMPOTES - Par un arrêt en date du 8 janvier 2025, la Cour de cassation a mis un point final à la saga du cartel des compotes en rejetant les pourvois formés contre l’arrêt de la...more

Hogan Lovells

ChatGPT is not a proxy for the skilled person

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In a recent decision the Board of Appeal of the European Patent Office (EPO) has for the first time addressed the use of AI to support arguments on claim interpretation, in this case deciding that ChatGPT cannot be used as a...more

ArentFox Schiff

EUIPO Rejects Thom Browne’s Four-Stripe Design Mark as Decorative, Not Distinctive

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The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....more

McDermott Will & Emery

Federal Court of Justice Rules on Costumer Installation

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On May 13, 2025, the Federal Court of Justice (BGH) issued a long-awaited decision (EnVR 83/20) on the question of whether an energy grid can be classified as an unregulated “customer installation” (Kundenanlage). In the...more

A&O Shearman

Amendments in UPC proceedings: current developments and practical guidelines

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Recent decisions from various UPC divisions provide valuable guidance for parties seeking to amend their cases or patents. The decisions emphasize that it is crucial for parties to know how to distinguish between the rules...more

Mayer Brown

The Fundamental Importance of Gathering Sufficient Evidence to Carry Out Competition Dawn Raids – Part II

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Article 20 of Regulation N°1/2003 enables the European Commission ("Commission") to inspect undertakings when it suspects potential infringements of competition rules might have occurred. These unannounced inspections (called...more

Baker Botts L.L.P.

Intellectual Property Report May 2025

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On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more

Fish & Richardson

Munich Appeals Court Reinforces Security-Centric FRAND Framework in SEP Dispute

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Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more

A&O Shearman

Navigating the UPC’s evidence minefield: when confidentiality issues clash with procedural deadlines

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In July 2024, the UPC Court of Appeal (CoA) clarified its procedural rules surrounding evidence preservation and confidentiality. It confirmed that the deadline for bringing an action on the merits only starts to run after...more

McDermott Will & Emery

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

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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

Hogan Lovells

Latombe Case: First hearing for annulment of the EU-U.S. Data Privacy Framework

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On April 1st, 2025, the General Court of the European Union held its first hearing on the request initiated by member of French parliament Philippe Latombe for annulment of the EU-U.S. Data Privacy Framework (“DPF”) further...more

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

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In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

A&O Shearman

New CJEU ruling on the borderline between medicinal products and medical devices: Key takeaways

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The boundary between medicinal products and medical devices remains a recurring issue for companies developing or marketing borderline products and courts, which has already been the subject of numerous decisions. Recently,...more

Mayer Brown

Procédure fiscale : obligation de motivation de la réponse aux observations du contribuable par l'administration fiscale

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La Cour administrative d'appel de Paris rappelle à l'administration fiscale son obligation de motivation de la réponse aux observations du contribuable sous peine d'entacher la procédure d'irrégularité (CAA Paris, 13 février...more

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