Case Reports
UPC Case Reports
Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
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Basic
The Unified Patent Court (UPC) will begin operations in Europe on 1 June
20 February 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...
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UPC
Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
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UPC
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Member States participating in UPC
23 August 2022
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...
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UPC
What is the Unitary Patent, and how do I get one?
09 June 2022
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.
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UPC
Unitary Patent and Unified Patent Court - finally happening?
24 September 2021
The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.
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UPC
Other Case Reports
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Prior use rights and wrongs
11 August 2011
One of the aspects arising from the judgment in Lundbeck v Infosint [2011] EWHC 907 (Pat) is the potentially narrow scope of prior use rights.
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SPCs: When does a patent protect a product?
10 August 2011
The law governing supplementary protection certificates (SPCs) is in theory harmonised within the EU. However, different interpretations have arisen with the result that there are presently nine...
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Life
Albert Packaging v Nampak Cartons: we didn’t copy your design, right?
01 July 2011
The Patents County Court has handed down judgment ([2011 EWPCC 15) in a dispute between Albert Packaging Limited (“Albert”) and Nampak Cartons & Healthcare Limited (“Nampak”), regarding alleged...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Lundbeck v Infosint: The importance of registering assignments
01 July 2011
A recent judgement in the Patents Court [2011] EWHC 907 (Pat) by the Hon Mr Justice Floyd has emphasised the importance of registering assignments and exclusive licences relating to European patents...
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Life
What’s in the Patent Box? An update
16 June 2011
What is a 'Patent Box'? The Patent Box is a taxation scheme proposed for the UK. Under the Patent Box scheme companies will be able to apply a 10% rate of corporation tax for net profits arising from...
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EPO and ITU cooperate to improve transparency in patents and ICT standards
27 May 2011
The European Patent Office (EPO) and the International Telecommunications Union (ITU), which creates Information and Communication Technology (ICT) standards, have announced that they have signed an...
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Digital
Reconciling national measures for EU-wide CTM enforcement
24 May 2011
This judgement by the Court of Justice of the European Union (CJEU) confirms that when a national court acting as a Community Trade Mark Court imposes measures to ensure compliance with a judgment,...
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Trademarking
Merck v Teva: Time to be obvious
20 May 2011
A recent judgment made by the Chancellor of the UK High Court in a patent dispute has highlighted that the test for obviousness (i.e. inventive step) of the subject matter of a patent does not...
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Life
The Hargreaves Review: Destinations without Routes
19 May 2011
By Andrew Sharples, Partner and head of EIP LifeDigital Opportunity: A Review of Intellectual Property and Growth (commonly known as The Hargreaves Review) was published on 18 May 2011.
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Latest on Virgin Atlantic flat-bed seat patent dispute
16 May 2011
A recent judgment has clarified the consequences for a court order based on a successful UK finding of patent infringement when that same patent is later amended at the EPO.
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Anheuser-Busch v Budvar
05 May 2011
European Court of Justice: Case C-96/09 P A recent appeal to the European Court of Justice (ECJ) in relation to the ongoing trademark dispute between Anheuser-Busch and Budvar has highlighted several...
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Trademarking
Cross undertaking for damages negated by extra-national infringement
26 April 2011
In this case the patentee Servier had obtained an injunction against the defendant Apotex for the sale of a generic copy of the drug Perindopril Erbumine.
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Life
Making or Repairing? Schütz v Werit and the ‘Whole Inventive Concept’ Test
20 April 2011
The Court of Appeal judgment ([2011] EWCA Civ 303) in Schütz v Werit has shed some light on the appropriate test for deciding whether a given act of reconditioning of a patented product constitutes a...
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Dynamics
When is a transmission not a transmission?
14 April 2011
A recent case in the English courts raises questions that could affect the way global business is performed over the internet. Since 1998, databases have been protected in the UK under a ‘sui...
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Digital
Keyword advertising and trademark infringement: The Advocate General's opinion
11 April 2011
A few years ago, Google decided to allow businesses in the US and in the European Union to buy Google AdWords consisting of their competitors' registered trademarks so that anyone can bid on a...
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Trademarking
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