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European Union › Patent Infringement › Intellectual Property Protection

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Herbert Smith Freehills Kramer

The UPC – Two Years On

Herbert Smith Freehills Kramer on

The Unified Patent Court – a one-stop-shop for European patent litigation – is now two years old. As it enters its third year of operation, we look at the approach that is becoming established in the new system, drawing out...more

A&O Shearman

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

A&O Shearman on

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

Jones Day

Orders to Preserve Evidence (“Saisies”) at the Unified Patent Court: Two-Year Roundup and Early Insights

Jones Day on

Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)...more

A&O Shearman

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

A&O Shearman on

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

Morgan Lewis

CJEU Expands Cross-Border Patent Infringement Jurisdiction in BSH Hausgeräte v. Electrolux

Morgan Lewis on

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

Hogan Lovells

CJEU expands possibilities for cross-border patent infringement injunctions

Hogan Lovells on

On 25 February, the Court of Justice of the European Union (CJEU) issued its much-anticipated decision in BSH Hausgeräte v. Electrolux (C-339/22) on cross-border competence in patent litigation. At the heart of the dispute is...more

Mintz - Intellectual Property Viewpoints

UPC Risks Unveiled: Navigating Outcome Trends and Parallel Revocation Strategies

Mintz - Intellectual Property Viewpoints on

The Unified Patent Court (UPC) is transforming the way patents are enforced and challenged in Europe with its broad jurisdiction and potential for harmonizing the patent enforcement situation in a significant part of the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

Cooley LLP

The Doctrine of Equivalence at the UPC

Cooley LLP on

The Unified Patent Court (UPC) recently issued its first decision, in case UPC_CFI_239/2023, addressing infringement by equivalence. The patent in suit (EP2137782) was determined not to be infringed by the ‘literal’ scope of...more

Volpe Koenig

Designs on Trial: Comparing U.S. and EU Design Protections Post-LKQ

Volpe Koenig on

The landscape of design protection has seen significant developments on both sides of the Atlantic, with the U.S. undergoing a pivotal shift in design patent law following the Federal Circuit’s decision in LKQ Corporation v....more

McDermott Will & Emery

Skilled Artisan’s View Is Decisive in Assessing Asserted Claim Drafting Error

McDermott Will & Emery on

The Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the legal standard for correcting obvious type inaccuracies in patent claims, explaining that the view of a skilled person at the filing date is decisive...more

Jones Day

Unified Patent Court: First Ruling on Equivalent Infringement

Jones Day on

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

A&O Shearman

Balancing innovation and public health: third-party interests in the UPC's landmark ruling of Edwards Lifesciences vs. Meril

A&O Shearman on

In a landmark decision (UPC_CFI_15/2023) delivered on November 15, 2024, the Unified Patent Court's Local Division in Munich (UPC, LDM) ruled in favor of Edwards Lifesciences Corporation in a patent infringement case against...more

Jones Day

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

Jones Day on

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

Jones Day

The Unified Patent Court: Also an Attractive Jurisdiction for SMEs

Jones Day on

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

McDermott Will & Emery

UPC Court of Appeal Rules on Suspending First Instance Enforcement, Managing Director Liability

McDermott Will & Emery on

The Court of Appeal (CoA) of the Unified Patent Court (UPC) addressed a request for suspensive effect of an appeal and ruled that managing directors of an alleged patent-infringing company cannot be held liable as...more

Hogan Lovells

New EU Design Legislation – Welcome to the EU Design!

Hogan Lovells on

The new EU design legislation has just been published in the EU Official Journal and will enter into force on 8 December 2024, after almost a decade of preparatory and legislative work. The aim of the new EU design...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

McDermott Will & Emery on

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

Jones Day

Epitope Claims Live On at the European Patent Office

Jones Day on

While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | August 2024

McDermott Will & Emery on

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

A&O Shearman

Is there a trend towards bifurcation at the UPC?

A&O Shearman on

In an order (UPC_CFI_410/2023, ORD_35569/2024) dated 10 July 2024, the Mannheim Local Division referred a revocation counterclaim to the Central Division in Paris previously seized of a parallel stand-alone revocation action,...more

Hogan Lovells

CJEU: Foreign patent invalidity defence in cross-border case - Attorney General Emiliou Delivers Opinion in BSH Hausgeräte v...

Hogan Lovells on

On 22 February 2024, Attorney-General (AG) Emiliou delivered an opinion in the BSH Hausgeräte/Electrolux case (C‑339/22). The opinion deals with the interpretation of Article 24(4) of the Brussels I bis Regulation in a...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

WilmerHale on

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court - March 2024

McDermott Will & Emery on

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

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