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IP Cases & Articles
One for all and all for one? Validity of an opt-out of the UPC
The Court of Appeal of the Unified Patent Court (UPC) has issued a decision on the validity of an opt-out. This decision was issued in the case of Neo Wireless GmbH & Co KG v Toyota Motor Europe NV/SA. -
IP Cases & Articles
Video assistant referee (VAR): Ballino v UEFA
The eyes of the footballing world are on Germany over the next month or so for the UEFA European Championship (EURO 2024). Spectators are guaranteed a festival of football with undoubtedly one or two refereeing decisions that will upset some fans. However, all football fans will be pleased with a… -
IP Cases & Articles
2025: the year of quantum
On 07 June 2024 the United Nations (UN) announced that 2025 will be known as the International Year of Quantum Science and Technology. This announcement not only commemorates the 100-year anniversary of quantum mechanics but showcases the growing importance of quantum technologies in the modern world. The UN’s announcement is… -
IP Cases & Articles
UPC revocation v EPO opposition: differences, similarities and revocation strategies
It has now been a year since the UPC opened its doors and there have already been 185 revocation actions filed with the new court. While not on a par with the roughly 3,000 oppositions filed annually with the European Patent Office (EPO), the numbers filed at the UPC indicate… -
IP Cases & Articles
The unitary patent and opt-out statistics: one year in
We have previously explored uptake of both the unitary patent (UP) and the opt-out in articles published three months and six months respectively after the UPC agreement came into force. This article looks at how the picture has changed now the twelve month threshold has passed. -
IP Cases & Articles
First anniversary of the Unified Patent Court: benefits, drawbacks, and the road ahead
After more than 40 years in the making, the one-year anniversary of the UPC is a milestone to be celebrated. Despite a record number of opt-outs being filed during the sunrise period, and various issues with the case management system, it is encouraging to see that the court is being… -
IP Cases & Articles
Proposed EU standard essential patents regulation: using the UPC to shape industrial policy in the EU?
On 28 February 2024, the European Parliament voted to approve the proposed regulation on standard essential patents (the SEP regulation). Article 24 of the SEP regulation states that a SEP that is not registered within six months from grant (Article 20(3)) may not be enforced, in relation to the implementation… -
IP Cases & Articles
Inventive step at the Unified Patent Court: 12-months in, what do we know so far?
For an invention to qualify for patent protection it must have an inventive step; however, the manner in which inventive step is assessed may vary by jurisdiction. With the UPC in its infancy, patent attorneys have been eagerly awaiting guidance from the UPC Court of Appeal on substantive matters of… -
IP Cases & Articles
UPC v EPO: a comparison of claim construction approaches
In the last year claim construction has been a topic of debate for both the UPC and the Boards of Appeal at the EPO. This article looks at the evolution of the approaches taken in recent decisions at the UPC and EPO. -
IP Cases & Articles
UPC forum shopping: choice of division for infringement and revocation actions
The UPC has already seen a number of cases which influence an infringement claimant’s ability to forum shop between divisions of the UPC. Claimants may want to forum shop to select a particular language of proceedings for their action, by bringing the action before a division using that language. As…
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