Month: June 2026
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Supreme Court holds generics maker Hikma not liable for induced infringement: inducement must be “clear” and “affirmative”
A unanimous Supreme Court says the Federal Circuit has been on the wrong track lately by loosening the standard for induced infringement.
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EPO board of appeal refers major claim-construction, added-matter, and referral questions to Enlarged Board of Appeal
A Technical Board of Appeal 3.3.05 has referred fundamental questions on claim interpretation and added matter to the Enlarged Board of Appeal, while also asking whether the EBA’s traditionally restrictive approach to accepting referrals should be reconsidered.
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IPRED workshop exposes divide over patent injunction reform as professor and EC official favor monitoring UPC case law
A European Parliament workshop on IPRED exposed differing views on patent injunction reform, with some participants advocating legislative intervention and others warning against it before the UPC has developed a more substantial body of case law.
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USPTO launches expedited examination pilot aimed at incentivizing small business, research sector participation in standard-setting
While laudable, it isn’t clear that the SPARK Pilot Program can significantly move the needle.
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German innovative strength has significantly weakened due to insufficient investment in R&D, report reveals
China has taken ownership of more than 11,300 patents developed in Germany over the past ​two decades, and that number is likely to keep increasing, according to a study by the ‌German Economic Institute (IW).
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Podcast: marking UPC’s three-year anniversary with UPC litigator Dr. Wim Maas (Winston Taylor)
In our latest podcast episode, ip fray interviewed Wim Maas, partner and trial attorney at Winston Taylor, who is a very frequent user of the Unified Patent Court.
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UPC CoA lifts Fujifilm’s German, UK injunctions against Kodak over prior use, lack of joint tortfeasorship; $2M contempt fine baseless
The UPC’s Court of Appeal seized the opportunity to provide detailed guidance on various questions of law, particularly long-arm claims.
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Micron files declaratory judgment action on same day as patent grant in expansion of chipmakers’ fight with Netlist
The dispute over JEDEC-compliant memory technologies continues with a newly issued patent in the mix.
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President Trump nominates three new ITC Commissioners, including IP expert
The ITC has only had three of its six Commissioners since February 2025, with those remaining all approaching the end of their terms.
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Moderna appeals to save $1.3 billion patent dispute payout, asserts U.S. government-contractor immunity
Moderna has alleged that a district court’s conclusions in a case against Arbutus are “deeply flawed” and that the U.S. Congress created Section 1498 specifically to shield government contractors from liability for government-authorized patent use in fulfilling a government procurement contract.