Category: European Patent Office
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UPC Dusseldorf issues first decision on second medical use, hands win to Amgen in cholesterol patent dispute against Sanofi
The Dusseldorf Local Division has clarified how the UPC deals with second medical use in patent infringement proceedings, including considering the extent or significance of the allegedly infringing use, and whether an entity is “positively” or “negatively” influencing a market by encouraging infringement, or preventing a product from being used for patented use.
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Atlas Global at risk of losing four patents-in-suit against defendants including Acer, HP, TP-Link, Vantiva; already lost one definitively
Context: Atlas Global is enforcing WiFi patents acquired from Newracom, an ETRI spinoff, against various device makers in the Unified Patent Court (UPC) and in Germany. Last summer, the Oberlandesgericht München (Munich Higher Regional Court) raised the amount of collateral required for enforcement for €4 million to €26 million in an Atlas v. TP-Link case…
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ToolGen sues Vertex, Lonza, and RoslinCT over CRISPR patents
ToolGen’s suits come in response to patent oppositions filed by the defendants over its first-ever European CRISPR-Cas9 protein delivery method patent.
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EPO Patent Index 2024: Unitary Patent requests “exceeded expectations” despite stagnant European applications
The European Patent Office’s Patent Index 2024 found that there was no growth in European applications (-0.1%) compared with 2023, although unitary protection was requested for 25.6% of all patents granted by the EPO in 2024 – a 53% increase compared to 2023.
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Unified Patent Court injunction in 10x Genomics v. NanoString could be reinstated as EPO Opposition Division upholds patent in ‘slightly amended form’
Context: The Unified Patent Court (UPC) opened its doors on June 1, 2023, and only a few months later, in September 2023, 10x Genomics won a preliminary injunction against rival NanoString in the Munich Local Division (LD). NanoString nearly went out of business as a result of that loss, but apparently found an acquirer. The…
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‘SEPs are life’ but finite resources, geopolitical circumstances put proposed EU SEP Regulation on ‘timeout’: European Commission’s Kamil Kiljański
Speaking at a SEP conference in Warsaw today, DG GROW IP deputy director Kamil Kiljański emphasized that the European Commission’s decision to withdraw its proposed SEP regulation was only on a “timeout” and that a large factor that contributed to this was a shift in geopolitical circumstances – in particular those in the U.S. and…
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A ‘breakthrough’ that may have gone ‘too far’: fallout follows ECJ’s 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 “significant chaos” and that the court…
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European patent attorneys rejoice: Technical Board of Appeal sees no need to adapt description to more limited claims
A Technical Board of Appeal of the European Patent Office has held that the description of a patent does not have to be adapted to match allowable claims of more limited subject matter.
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UPC’s standard for added subject matter remains unresolved after Hague LD decision: EPO ‘gold standard’ or lower hurdle?
The Unified Patent Court’s The Hague Local Division adjudicated a couple of preliminary injunction requests, granting one and denying the other. Interesting legal questions were discussed, but have yet to be resolved definitively.