1 Introduction Reports that say there’s — that something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things that we know that we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But…

At the Kluwer Patent Blog we keep our fingers on the pulse of patent litigation. With their trained fingertips our contributors measure the heart rate of new case law and developments from their various countries. When the normal and regular rhythm changes to an irregular pulse, they are ready to post their findings on this…

UPC aficionados will be interested to learn that the 16th draft of the Rules of Procedure was unveiled yesterday. Readers will remember that the previous draft was published on 31 May 2013. Since then, the Drafting Committee has been working on a new draft that may – or may not – accommodate the comments received…

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…

In a recent decision (case no. 4A_142/2013), the Swiss Federal Supreme Court had to decide whether one of the non-permanent judges of the Swiss Federal Patent Court, a Swiss patent attorney, was obliged to recuse himself due to activities of one of his colleagues in his patent law firm in connection with a trademark matter…