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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 -
McDermott Will & Schulte

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

McDermott Will & Schulte on

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

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

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

EU Commission issues EUR462.6 million antitrust fine in landmark decision on ‘divisionals game’ and disparagement

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On October 31, 2024, the European Commission (EC) fined Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva) EUR462.6 million for abusing a dominant position in several EU Member States on the...more

Goodwin

The Rapid Rise of AI, in Five Charts

Goodwin on

With remarkable speed, AI has evolved from an intriguing concept into a practical business tool that is drawing large investments and more regulatory oversight. The launch of generative AI (GenAI) tools in late 2022 helped...more

McDermott Will & Schulte

Legal Lens on the Unified Patent Court - May 2024

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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

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

2023 Design Patents Year in Review: Analysis & Trends: Global Design Law and Policy: Gains and Setbacks in Protecting Digital and...

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

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of...more

Cooley LLP

European Patent Office Makes Major Changes in Priority Entitlement

Cooley LLP on

The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from...more

Goodwin

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

Goodwin on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

A&O Shearman

European Commission sanctions first ever pharmaceuticals cartel and scores victory in pay-for-delay appeal

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The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more

A&O Shearman

What does the UPC mean for patent litigation?

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When, finally, the UPC goes live on 1 June 2023, it will be a game changer for European patent litigation. The UPC will improve efficiencies for organisations who usually litigate in multiple European jurisdictions. With one...more

Haug Partners LLP

A U.S. View on the UPC – Part 1: The Basic Case Structure of an Infringement Action

Haug Partners LLP on

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

A&O Shearman

European Commission publishes proposal for an EU regulation on the Compulsory Licensing of Patents

A&O Shearman on

On 27 April 2023, the European Commission (the Commission) published its Proposal for a Regulation of the European Parliament and of the Council on compulsory licensing for crisis management (the Proposed Compulsory Licensing...more

A&O Shearman

European Commission investigation into Teva’s potential abuse of dominance – misuse of patent procedures and disparagement

A&O Shearman on

On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant...more

Womble Bond Dickinson

European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

Womble Bond Dickinson on

Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court...more

Cozen O'Connor

Important Changes to European Patent Practice

Cozen O'Connor on

After 45 years, the European Patent Office is replacing the existing regional patent system that has local enforcement with a new Unitary Patent (UP) system that has enforcement throughout Europe by a Unified Patent Court...more

Goodwin

The Unified Patent Court is (Finally) Coming to Europe and Bringing Some Pretty Fundamental Changes with It

Goodwin on

Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more

Fish & Richardson

European Patent Office Updates Procedure for Issuing Grant Certificates

Fish & Richardson on

As of 1 April 2022, the European Patent Office (EPO) has changed its policy regarding the issuance of electronic certificates of grant for European patents. If the patent proprietor or their representative has an activated...more

McDermott Will & Schulte

2022 IP Outlook Report: The Developments Shaping Patent Law

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KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is...more

Sheppard Mullin Richter & Hampton LLP

Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Sheppard Mullin Richter & Hampton LLP on

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the...more

A&O Shearman

Patent settlements and competition law – guidance from Europe’s top court

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On 25 March 2021, the European Court of Justice (ECJ) ruled for the second time on a “pay-for-delay” settlement. These are settlements of a patent dispute that involve payments or other value transfers from the originator...more

MoFo Tech

Can AI Be An Inventor? Not At The European Patent Office.

MoFo Tech on

The European Patent Office has denied two patent applications on the grounds that an AI system cannot be listed as the inventor. For the first time, the European Patent Office (EPO) has issued a ruling on its approach to...more

McDermott Will & Schulte

Special Report - 2019 IP Law Year in Review – European Issues

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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

McDermott Will & Schulte

Impact of Brexit on IP Rights

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From 31 January 2020, the UK is no longer an EU Member State. This article outlines the main impacts of Brexit on intellectual property rights, including patents, trademarks, designs and models, copyrights, and sui generis...more

A&O Shearman

EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules

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The Court of Justice of the EU (ECJ) has for the first time ruled on the issue of settlement agreements involving a value transfer (monetary or otherwise) between the holder of a pharmaceutical patent and generic drug...more

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