In our previous blog Opting out and Opting in we discussed some of the questions regarding the transitional regime under the Unified Patent Court Agreement (UPCA). Due to its importance and ambiguity this provision continues to be a source of considerable controversy, so much so that the Preparatory Committee, which is tasked with preparing the establishment of the court, issued an Interpretative Note on January 29, 2014.
The Interpretative Note addresses the substantive law to be applied by the national courts once the UPCA has entered into force. As it also acknowledges, the Note has merely persuasive authority. The national courts will have to decide which law to apply. The Note is there [...]
by Hetti Hilge
The Higher Regional Court Düsseldorf has set up a second Senate (panel of judges) that is specifically competent for patent infringement litigation. The Higher Regional Court is the appeal instance for first instance judgments of the Regional Court Düsseldorf in patent cases.
Already at the beginning of 2013, a third civil chamber that is specifically competent for patent infringement cases has been set up at the District Court Düsseldorf as a result of the increasing number of patent infringement complaints at this venue (see our previous post on the announcement). With about 600 cases per year, the District Court of Düsseldorf is the most popular court for patent infrin [...]
On 1 January 2014 the New Regulation (EU) No 608/2013 concerning customs enforcement of intellectual property rights will enter into force. Patent practitioners should note that national utility models and future unitary patents are also covered by this new Regulation. The “simplified proceedings” which have allowed customs to destroy goods without a prior court decision have now been stipulated as “basic proceedings” in this Regulation and are to be applied with regard to all IP rights including patents and utility models. Should there be an objection, court proceedings will basically have to be filed to prevent the release of the goods. One pitfall that this new Regulation provide [...]
As my colleague Rik Lambers, from Brinkhof, reported in the blog he posted last Thursday (12 December 2013), that day was a big day for Supplementary Protection Certificate (“SPC“) aficionados, since the European Court of Justice (“ECJ“) published three new judgments that will further feed the long-running saga of SPC decisions. Readers will no doubt have heard that for the good of legal certainty, the ECJ clarified what it meant when in the judgment of 24 November 2011 (Case C-322/10, Medeva BV v. Comptroller General of Patents, Designs and Trade Marks, “Medeva“) it wrote that “article 3(a) of Regulation (EC) No. 469/2009 of the European Parliament and the Council of 6 May 2009 concerning t [...]
SPC judgments galore in Luxembourg this morning. The Court of Justice of the European Union (CJEU) provided its judgments in the Eli Lilly case (C‑493/12), in the Actavis case (C‑443/12), and in the Georgetown case (C‑484/12). The CJEU’s Medeva judgment (case C-322/10), and AG Trstenjak’s opinion in that case, raised burning questions on the interpretation of Article 3 (a) SPC Regulation (what does “specified in the wording of the claims” mean?), and Article 3 (c) SPC Regulation (is more than one SPC per basic patent possible?). For your initial thoughts the CJEU’s answers in quotes:
The CJEU reformulates the questions:
24 By its three questions, which it is appropriate [...]
In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court upheld the jurisdiction of the Italian Courts in respect of a cross-border Declaration of Non Infringement (DNI). This ruling overturns the earlier Supreme Court judgment in the BL Macchine Automatiche v Windmoeller case which had ruled out cross-border DNI claims, also known as “Italian torpedoes”. The above is probably sufficient news for the older readers of this blog but not for the younger ones.
Italian torpedo was a popular defence in European patent litigation by whi [...]