Category: Court of Justice of the European Union
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CJEU publishes European Parliament’s suit against European Commission’s decision to withdraw SEP Regulation
The Commission âprematurelyâ brought the legislative procedure to an end without legitimate grounds supported by cogent evidence and arguments for doing so, the EP has alleged.
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No parking ticket: UPC Mannheim’s threat of âŹ50M contempt fine against Amazon in line with CJEU case law, EU Commission guidelines and practice, UPC CoA guidance
Context: What’s new: We have conducted further research, the detailed results of which are reserved for our premium members (judges are entitled to free access). The starting point is a from the UPC Court of Appeal (CoA) decision in Fujifilm v. Kodak (October 18, 2025 ip fray article), which elaborates on Art. 354(3) of the UPC’S Rules of Procedure…
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334-294 majority of European Parliament votes to sue Commission over withdrawal of EU SEP Regulation: 80% of largest political group against
Context: In the summer, the European Commission (EC) finalized the withdrawal of the proposed EU regulation on standard-essential patents (SEPs) (July 31, 2025 ip fray article). The European Parliament (EP) had overwhelmingly supported the bill, but it was going nowhere in the EU Council. Still, some Members of the European Parliament (MEPs) were disgruntled enough…
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UPC CoA judge clarifies standard for preliminary references to ECJ: UPCA, RoP are not EU laws; EU Charter not sufficient for reference
The UPC has to apply EU law, but the UPC Agreement and the UPC’s Rules of Procedure are not part of the Union acquis.
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A âbreakthroughâ that may have gone âtoo farâ: fallout follows ECJâs cross-border jurisdiction ruling
European patent attorneys have largely welcomed a European Court of Justice decision allowing courts to rule on the infringement of U.S., UK, and other foreign patents (as well as award damages and injunctions). But those in foreign jurisdictions, such as China, are concerned that the ruling could lead to âsignificant chaosâ and that the court…
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Munich appeals court rejects German approach to standard-essential patents, tends to pave way for next ECJ ruling on FRAND
The Munich appeals court rejects a FRAND framework under which practically every implementer of a standard gets enjoined, often over petty behavioral details.
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European Commission court filing completely disagrees with Sisvel v. Haier: German SEP case law is irreconcilable with EU law
In an amicus curiae brief filed in an appeal by HMD of a Munich judgment in favor of VoiceAge EVS, the European Commission completely rejects (without mentioning it by name) the Sisvel v. Haier decision by Germrany’s Federal Court of Justice.
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EU Commission, French government to top EU court: it’s OK to enforce non-EU (e.g., U.S.) patents in EU court against EU defendants
Yesterday the Grand Chamber of the European Court of Justice heard BSH v. Electrolux, a case originating from Sweden that raises the question of cross-border patent enforcement.