Category: Patent Policy
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Latest Munich SEP injunction shows failure of 2021 patent “reform”: Federal Patent Court of Germany didn’t keep six-month target
The six-month target for Germany’s Federal Patent Court to provide preliminary opinions on nullity actions was not kept in the Atlas Global v. TP-Link case in which the Munich court entered an injunction this month.
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German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion field
Based on a biased selection of German SEP decisions that is incomplete even by the authors’ own admission, a new paper attempts to downplay the problem that implementers of standards practically never prevail on a FRAND defense in Germany.
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USPTO’s new AI consultation looks beyond inventorship, now focusing on prior art, obviousness, claim construction
Context: The impact of Artifical Intelligence on the patent system that has made more headline news than any other is the question of whether AI systems can be inventors, with conflicting decisions in different jurisdictions. But that is not the only important question in that regard. What’s new: Yesterday (April 30, 2024), the United States…
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EU Commission paper contemplates lower standard-essential patent royalties for cleantech, royalty-free green standards
The European Commission published a paper on Friday that is meant to reflect a thorough and responsible approach to policy-making, but ends up revealing an interventionist long-term agenda.
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Next attack on EU patent injunctions: IP2Innovate officially pushes for stronger proportionality requirement
A Brussels-based lobbying group of net licensees, IP2Innovate, has made a public call on the EU institutions to restrict access to patent injunctions by means of a strengthened proportionality test.
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European Commission asks Munich appeals court to reverse lower court in standard-essential patent case
EXCLUSIVE: The European Commission’s Directorate-General for Competition (DG COMP) has asked the Munich Higher Regional Court for permission to appear as an amicus curiae on the defendant’s behalf in a VoiceAge EVS v. HMD case. Different aspects of the EC’s initiative raise serious questions about the agency’s understanding of SEP issues.
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Getting the EU SEP Regulation right — Part 3: Small and medium-sized enterprises’ problems not SEP-specific
This latest part of the series on the EU SEP Regulation in light of the EU Parliament’s first-reading vote takes a look at the challenges of small and medium-sized enterprises. They exist, but they are not SEP-specific.
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Ericsson refutes false claim by EU Parliament rapporteur Walsmann in plenary debate on SEPs—and there’s more
Marion Walsmann MEP, the EU Parliament’s rapporteur on the standard-essential patents bill, made various claims in last week’s plenary debate that have no basis in fact. Ericsson has now refuted one false claim regarding that company’s policy positions.
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Getting the EU SEP Regulation right — Part 1: Hold-up vs. hold-out
This is the first article of a new series to refocus on facts, issues and solutions after the European Parliament’s first-reading vote on the proposed regulation on standard-essential patents. Let’s start with the basics of hold-up and hold-out.
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EU Parliament adopts SEP Regulation with massive majority, but first readings are normally not decisive
With approximately five times as many votes in favor as against the proposal, the outcome in the European Parliament is clear. But there was no sign of many MEPs actually understanding the issue, and the EU Council has the upper hand in a co-legislation procedure.