What You Need to Know About the Unified Patent Court and Unitary Patent
Navigating the Once-Obscure German Nonresident Withholding Tax
German Supply Chain Due Diligence Act and Its Impact on Latin America
Compliance Perspectives: The German Corporate Sanctions Act
JONES DAY TALKS®: Private Antitrust Litigation in Germany
JONES DAY PRESENTS®: Trade Secret Enforcement in Germany
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
Law Firm ILN-telligence Podcast | Episode 7: Joe Mittag, OMF Otto Mittag & Partner | Frankfurt, Germany
Jones Day Talks: Developments in Germany's Wind Power Regulations
Jones Day Talks: Navigating Foreign Direct Investment in Germany
Investor Considerations in Germany’s Renewable Energy Sector
E18: ICANN Loses First GDPR Court Ruling in Germany
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
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
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
The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more
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
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
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
The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more
The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more
On 18 October 2023, the Düsseldorf local division of the UPC in myStromer vs. Revolt Zycling (UPC_CFI_177/2023) imposed a EUR26,500 penalty on Revolt for breaching a preliminary injunction. This is the first penalty payment...more
In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more
The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more
The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more
On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court (UPC) and triggered the UPC’s entry into force on June 1, 2023. The UPC will revolutionize patent enforcement across Europe and impact companies...more
Die Sichtbarkeit von Bauelementen komplexer Erzeugnisse i.S.d. § 4 DesignG beurteilt sich sowohl aus Sicht des Endnutzers als auch aus Sicht eines externen Betrachters. Dabei muss das Bauelement nicht zu jedem Zeitpunkt der...more
An upcoming change in Section 83 of the German Patent Act ("PatG") will close the gap between the duration of patent infringement compared to the duration of invalidity proceedings in Germany. From May 1, 2022, onwards, the...more
The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the...more
While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the...more
On 19 January 2022, the Unified Patent Court (UPC) came to life as an international organisation. Now, the preparatory phase for the official start of the UPC system can begin....more
The German parliament recently passed the Approval Act (the Act) regarding the planned European Unified Patent Court (UPC) and the protocol on a UPC on provisional application (PPA). The Act was passed after Germany’s Federal...more
As an international treaty the Agreement on a Unified Patent Court (UPCA) provides for the establishment of the Unified Patent Court (UPC). As a joint Court of the Contracting Member States, the UPC shall have its own legal...more
When process patents are infringed, patent owners are often faced with considerable problems of providing proof of infringement. Effective enforcement is further impeded by the strict requirements set by German case law for...more