Category: Unified Patent Court
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Dusseldorf LD issues UPC’s first-ever final judgment and permanent injunction, clarifies standard for prior use rights
The UPC’s Dusseldorf Local Division handed down the new judiciary’s first final judgment, along with the first permanent injunction. It provides important guidance with respect to prior use rights, recall and auditing rights.
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Here’s how law firms and litigants can keep ip fray informed of their UPC and other patent cases and achievements
Here’s how law firms and litigants can keep ip fray informed of Unified Patent Court and other proceedings, such as on the names of the attorneys involved.
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UPC Paris CD: amended claims proposed as part of statement of defense to revocation claim accepted despite workflow violation (for now)
The UPC’s Paris CD maintains, for now, a permissive standard for workflow violations. In this case, amended claims were proposed along with the statement of defense to a revocation claim.
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UPC’s Paris CD: disloyalty of counsel is not the other party’s business, and court provides guidance on sufficiently concrete claims
The Unified Patent Court’s Paris Central Division has clarified that (a) an adversary has no standing to allege disloyal conduct by someone’s counsel and (b) gives guidance on what makes an injunction request and a damages claim sufficiently concrete.
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UPC Hamburg LD deems three-month delay too much for preliminary injunction request: Ballinno v. Kinexion & UEFA
Based on current case law, Preliminary injunction requests in the Unified Patent Court’s German Local Divisions should be brought as soon as possible, and not more than two months after identifying an infringement.
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UPC may deem OPPO’s FRAND counterclaim against Panasonic inadmissible; order also discusses timeliness of claim construction arguments and amended claims
A new order by the UPC’s Mannheim Local Division discusses a FRAND rate-setting counterclaim by OPPO, the window for proposing amendments to the patent-in-suit and the requirement to make claim construction arguments early.
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UPC roundup: Apple, Google lose bid to switch to English; translation to non-UPC language is party’s problem; serving complaint at trade show
This article aggregates three UPC orders that became discoverable yesterday and relate to patterns that are going to be found in various other UPC cases going forward.
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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.
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UPC announces eight new technically qualified judges, resignation of one: overview
The Unified Patent Court today announced the appointment of eight new technically qualified judges and the resignation of one.
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Redacted FRAND arguments cause delays in UPC SEP actions: Dusseldorf, like Mannheim, grants extension
Context: Earlier this month, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) faced the dilemma that a redacted filing by the plaintiff raising arguments specific to standard-essential patent (SEP) licensing deprived the defendants of full access to a pleading, and in order to minimize the resulting delay, Presiding Judge Dr. Peter Tochtermann bifurcated the…