The German Constitutional Court issued a landmark decision with implications for many companies doing business in Europe on July 9, 2021. For decades, the European Commission and EU member states strived to create a pan-European Unified Patent Court (UPC). After overcoming many hurdles, any sensible commentator will be cautious in making statements about the future
UK Supreme Court hands down another FRAND decision
FRAND issues are at the heart of the most significant patent cases in Europe (in the UK, Germany and France – please see our previous alert here). After the Nokia vs Daimler decision last week by the Mannheim Court, and decision handed down in Sisvel v. Haier earlier in May by the German Supreme
Final blow to the UPC project? German law ratifying UPCA is void
European countries have pursued the project of creating a Unitary Patent and a Unified Patent Court (UPC), since the early seventies. Success seemed within reach in 2013 when the international Agreement on a Unified Patent Court (UPCA) was concluded and subsequently ratified by several states. However, in 2017 the project came to a grinding halt
Paris takes the lead in Europe on FRAND legal qualification
On February 6, 2020 the case management judge of the Paris High Court (Tribunal Judiciaire) made a decision that is of great importance in terms of both the legal qualification of the undertaking of the owner of patents essential to the implementation of standards to grant to anyone a fair, reasonable and non-discriminatory (FRAND) license,