Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
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
The beginning of 2025 saw two overarching trends in FRAND litigation...more
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
In November 2024, the Local Division (LD) Mannheim of the Unified Patent Court (UPC) issued the UPC’s first-ever substantive decision on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND)...more
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
The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in BSH Hausgeräte v. Electrolux that significantly expands the jurisdictional reach of EU courts in cross-border patent infringement cases. The...more
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
On November, 22, 2024, the Mannheim Local Division of the Unified Patent Court (UPC) delivered a landmark ruling in Panasonic v. Oppo, setting a significant precedent in the realm of Standard Essential Patents (SEPs) and...more
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
As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more
Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more
With a decision of 19 January 2021, the Munich Regional Court (file number 21 O 16782/20) referred following question to the CJEU for a preliminary ruling...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
On 31 January 2020, the UK left the European Union and entered a transition period that is due to end at 11:00 pm GMT on 31 December 2020. At this point, it is still uncertain whether a new EU/UK deal will be reached. To...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
On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more
In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48...more
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
US patents have some extraterritorial effect. A party can be liable for patent infringement if it supplies components of a patented invention to a foreign country to be assembled there. In WesternGeco LLC v. ION Geophysical...more
In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be...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
Those looking for clearer guidance on the practical application of Art 3(a) are likely to be left disappointed by yesterday’s CJEU judgment in the Teva v Gilead SPC litigation. ...more
AG rejects core inventive advance and scope of protection tests in favour of a disclosure-based approach to Art 3(a) SPC Regulation - If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees...more
The Situation: The French Intellectual Property Office ("IPO") previously refused to adjust the expiration date of a granted supplementary protection certificate ("SPCs") when it had been calculated on the date of grant of...more
The European Commission (EC) has released a position paper on its objectives for the Article 50 Brexit negotiations with the UK regarding Intellectual Property Rights (IPRs). The EC has effectively set out six key principles...more