-
Call for input from UPC litigation firms: in how many venues have you physically practiced?
Read more: Call for input from UPC litigation firms: in how many venues have you physically practiced?Please share this with your firm’s marketing director. Last week, ip fray became aware of an interesting fact: one firm (and not necessarily one of the first ones that would come to mind) has already appeared — physically — in almost every Unified Patent Court (UPC) venue. That is interesting, and ip fray loves venue…
-
UPC Roundup (1 week): FRAND, equivalence and various other questions addressed
Read more: UPC Roundup (1 week): FRAND, equivalence and various other questions addressedThis is a summary of developments in the Unified Patent Court (UPC) in a rather eventful week since the last UPC Roundup (November 16, 2024 ip fray article). A couple of smaller items included herein were not previously discussed in an ip fray article or LinkedIn post. 1. Key appellate clarifications 1.1 New arguments on…
-
UPC’s Court of Appeal clarifies two key questions: new legal arguments on appeal; stay of proceedings over upcoming appealable EPO decision
Read more: UPC’s Court of Appeal clarifies two key questions: new legal arguments on appeal; stay of proceedings over upcoming appealable EPO decisionA single decision by the UPC’s Court of Appeal provides guidance on two questions: new legal arguments are admissible on appeal, and the appeability of an EPO opposition decision does not preclude a stay.
-
UPC panels still disagree on whether claim amendments are admissible in PI proceedings: Milan LD throws out auxiliary requests, unconditional amendment
Read more: UPC panels still disagree on whether claim amendments are admissible in PI proceedings: Milan LD throws out auxiliary requests, unconditional amendmentA fundamental and consequential question of law on which there is still uncertainty at the UPC has come up several times: can patent claims be amended in a PI proceeding?
-
Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stay
Read more: Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stayContext: Yesterday, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) surprisingly entered an injunction in Panasonic v. OPPO (for a detailed analysis of the FRAND part of the decision, see this November 22, 2024 ip fray article), a standard-essential patent (SEP) case that had seemingly ceased to be (October 25, 2024 ip fray article)….
-
UPC’s Hague LD finds plant-based microbial fuel cell patent infringed not literally, but by equivalence
Read more: UPC’s Hague LD finds plant-based microbial fuel cell patent infringed not literally, but by equivalenceThe Unified Patent Court’s Hague Local Division has found an infringement of a plant-based microbial fuel cell patent not under a literal interpretation of the asserted claims, but by way of equivalence.
-
Despite settlement, Mannheim LD grants first-ever UPC FRAND injunction in Panasonic v. OPPO, disagrees with European Commission
Read more: Despite settlement, Mannheim LD grants first-ever UPC FRAND injunction in Panasonic v. OPPO, disagrees with European CommissionThe Unified Patent Court’s Mannheim Local Division has decided a Panasonic v. OPPO SEP case despite the fact that the dispute has actually been settled. The judgment raises various questions.
-
First Adeia v. Disney UPC case has become discoverable: U.S. licensing firm went to The Hague
Read more: First Adeia v. Disney UPC case has become discoverable: U.S. licensing firm went to The HagueThe first November filing to show up in the UPC’s public case registry is one of two Adeia v. Disney cases. It is in line with the trend toward more and more filings in The Hague.