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IP Cases & Articles
Small town, big bite: local restaurant shows genuine use doesnt need a big footprint
A single steakhouse, social media buzz and cross-border visibility: the General Court clarifies how “local” use in one member state can still amount to genuine use in the European Union. -
IP Cases & Articles
New gTLD program: 2026 round brand protection opportunities and challenges
In the Internet Corporation for Assigned Names and Numbers’ (ICANN’s) latest initiative to expand the Domain Name System (DNS), eligible legal entities will be able to apply for new generic top level domains (gTLDs), including “.brand” extensions. -
Newsletter
Patent Newsletter No.112
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News
Obituary: remembering Nicholas Malden
It is with great sadness that we inform you that our dear friend, colleague and partner Nicholas Malden passed away in February. Nick’s kindness, humour and intelligence will be sorely missed. -
IP Cases & Articles
Ona Patents v Google: UPC places strong emphasis on procedural economy and a front-loaded approach
The Unified Patent Court (UPC)’s Düsseldorf Local Division has dismissed a direct infringement claim brought by Ona Patents against Google Ireland Ltd and Google Commerce Ltd (“Google” collectively) in respect of the French and German parts of EP2263098 , while also dismissing Google’s counterclaim for revocation. -
IP Cases & Articles
G 2/21 and the admittance of post-filed data for inventive step: T 1989/19 & T 1847/23 and reliance on common general knowledge
In G 2/21, the Enlarged Board of Appeal of the European Patent Office (EPO) held that a patent proprietor may rely upon a technical effect for inventive step if the skilled person, having the common general knowledge in mind, would derive said effect as being encompassed by the technical teaching… -
IP Cases & Articles
Product-by-process claims at the UPC: lessons from Dsseldorf
A decision (ORD_68984/2024) from the Düsseldorf Local Division of the Unified Patent Court (UPC) provides useful guidance on how product-by-process claims are interpreted in litigation. The case concerned alleged infringement of EP3356109 B1, which relates to structural components used in vehicle frames. -
IP Cases & Articles
Article 3(d) of the SPC regulation: CJEU referral questions meaning of first authorisation
The German Federal Patent Court has referred to the Court of Justice of the European Union (CJEU) a question on the interpretation of Article 3(d) of the SPC Regulation, asking whether a marketing authorisation in respect of a veterinary medicinal product can be considered the “first authorisation” to place that… -
IP Cases & Articles
Unified Patent Court: indirect infringement and preliminary injunctions
Two recent cases from the Munich Local Division of the Unified Patent Court (UPC) relate to indirect infringement, leading to the grant of a preliminary injunction. An interesting contrast can be seen in the extent of these injunctions, which varied depending on the case facts. -
IP Cases & Articles
UPC preliminary measures: no shift in burden of proof when defendant asserts EPO incorrectly construed claims
Preliminary measures, such as injunctions and seizure of goods, covering all of the Unified Patent Court (UPC) participating member states are a powerful tool for patentees. In UPC_CFI_723/2025, the court looked at where the burden of proof lies when a defendant to an application for preliminary measures does not agree…
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