News & Analysis as of

Patent Infringement United Kingdom Patent Litigation

A&O Shearman

UPC Court of Appeal clarifies approach to claim construction

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Insulet v EOFlow UPC_CoA_768/2024 (Ord_69078/2024) The Unified Patent Court (UPC) Court of Appeal has issued a significant decision that provides important guidance on the interpretation of patent claims in UPC...more

A&O Shearman

AstraZeneca refused interim injunction on SPC for blockbuster diabetes treatment against Glenmark but swiftly obtains permission...

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On March 28, 2025, Michael Tappin KC, sitting as a deputy judge of the High Court, refused to grant AstraZeneca (“AZ”) an interim injunction to restrain Glenmark from launching in the U.K. a generic version of its type 2...more

Mintz - Intellectual Property Viewpoints

Ahoy! ITC Welcomes SEP Holders Navigating for The Best Venue

Given the recent unanimous decision by a UK appellate court that Ericsson’s injunction efforts based on standard-essential patents (“SEPs”) were, essentially by their very nature, “hold-up” and “coercion” that violated...more

Jones Day

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

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The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes....more

Morgan Lewis

Unified Patent Court Claims Jurisdiction for Patent Infringement in the UK

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In its recently published decision, the Unified Patent Court (UPC) assumes long-arm jurisdiction for patent infringement in the United Kingdom if the defendant is domiciled in a UPC contracting member state. Plaintiffs can...more

A&O Shearman

UPC Court of Appeal confirms strict approach to correcting patent errors by interpretation

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Alexion Pharmaceuticals v Amgen (UPC_Coa-405/2024) and Alexion Pharmaceuticals v Samsung Bioepis NL BV (UPC_CoA-402/2024); December 20, 2024. The UPC Court of Appeal has confirmed a strict approach to correcting erroneous...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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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

Fish & Richardson

Should the Experimental Use Exception Be Broadened?

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On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...more

McDermott Will & Emery

European UPC Issues Its First Decisions on the Merits

McDermott Will & Emery on

Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG The Unified Patent Court (UPC) issued its first decision on the merits, granting the first-ever permanent injunction covering seven UPC member states. Franz Kaldewei GmbH &...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

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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

UPC Court of Appeal Issues First Decision, Overturns Preliminary Injunction

Back in September 2023, the Unified Patent Court’s (UPC) Local Division Munich issued a preliminary injunction against the defendant in 10x Genomics, Inc. v. NanoString Technologies, Inc. On February 26, 2024, in a landmark...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first 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

Jones Day

Patent Marking and e-Marking in Europe: Maximizing Benefits and Avoiding Pitfalls

Jones Day on

In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more

Stradling Yocca Carlson & Rauth

IP Owners Beware: The Fast Approaching European Unitary Patent System and Unified Patent Court

Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new Unified Patent Court (UPC) is expected to open for...more

A&O Shearman

Optis v Apple [2021] EWHC 2564 (Pat): Apple found to be an “unwilling licensee”

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The “unwilling licensee” issue has been a vexed one, with uncertainty as to whether such a concept exists, its relevance, and what an implementer must do to avoid becoming one. As for the concept of FRAND itself, there is no...more

Latham & Watkins LLP

High Court Clarifies Appeal Procedures Following Remote Hand Downs of Judgments

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Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. In Claydon v. Mzuri, Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not...more

JAMS

FRAND License Disputes: Litigation and ADR

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A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often made by the circumstances. If a dispute arises regarding a license or other...more

Morgan Lewis - Tech & Sourcing

UK High Court Denies DABUS Appeal

On Monday 21 September, the UK High Court (Patents) delivered its judgment on the DABUS appeal, as previously reported here by Morgan Lewis. ...more

BakerHostetler

Landmark UK Supreme Court Decision Grants UK Courts Power to Set the Global Royalty Rate for Standard Essential Patents

BakerHostetler on

On Aug. 26, 2020, the United Kingdom Supreme Court issued a decision in Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor [2020] UKSC 37 that changes the landscape for patentees seeking to...more

Mintz - Intellectual Property Viewpoints

THE SEP WORLD IN BALANCE: UK Harmonizes with Germany’s Rejection of Implementer Hold Out

Implementer Hold Out - Another major development in global standard essential patent litigation was handed down today, as the UK Supreme Court upheld lower court rulings that forced an efficient infringer of essential...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

WilmerHale

The Assertion of Extraterritorial Patent Jurisdiction in Europe

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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

Hogan Lovells

Standard Essential Patent Update – December 2018

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Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. ...more

Jones Day

Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?

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The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme...more

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