scholarly journals European Patent Litigation in the Shadow of the Unified Patent Court

2016 ◽  
Author(s):  
Luke McDonagh
Keyword(s):  
European Patent ◽  
Patent Litigation ◽  
Unified Patent Court

Growth companies and procedural safeguards in European patent litigation

2018 ◽  
Vol 25 (2) ◽  
pp. 168-187 ◽  
Author(s):  
Krista Rantasaari
Keyword(s):  
Patent Protection ◽  
Patent System ◽  
European Patent ◽  
Court System ◽  
Patent Litigation ◽  
Start Up ◽  
Unified Patent Court ◽  
Procedural Safeguards ◽  
Enforcement Mechanisms ◽  
Unitary Patent

The unitary patent system with the establishment of the Unified Patent Court will lead to unitary patent protection covering most European Union countries. Moreover, it will lead to litigation with the same geographical reach. One potential concern related to increasing litigation is the so-called ‘patent trolls’ (non-practicing entities) that purchase patents for the purpose of portfolio building or company financing. One of the key expressed justifications of the unitary patent system was to support small- and medium-sized enterprises by securing them easier and wider access to patents. The aim of this article is to examine procedural safeguards from the perspective of the start-up and growth companies. These safeguards protect start-up and growth companies when acting as defendants. As a corollary, they weaken the enforcement mechanisms from the perspective of the plaintiff. The safeguards addressed in this article are fee shifting, preliminary injunctions, and bifurcation. As the Unified Patent Court system is still evolving, the current state of European patent litigation in key jurisdiction countries (Germany, the United Kingdom and the Netherlands) is analysed. This article explores how these safeguards evolve in the unitary patent regime and their potential to reduce uncertainty for start-up and growth companies when acting as defendants.

scholarly journals From Bielefeld to the Unified Patent Court – A Never-Ending Story?

2021 ◽  
Author(s):  
Rudolf Teschemacher ◽  
Tilman Müller-Stoy
Keyword(s):  
European Patent ◽  
Patent Litigation ◽  
Law Firm ◽  
Max Planck ◽  
Senior Consultant ◽  
Unified Patent Court ◽  
The Law

AbstractThe authors have known Jochen Pagenberg from different perspectives: Tilman Müller-Stoy for almost 20 years as a partner in the law firm bearing Jochen’s name; Rudolf Teschemacher since the start of Jochen’s and his own career when both got in touch with IP at the Max Planck Institute in the early 1970s and later on for more than 15 years as a senior consultant at Bardehle Pagenberg. Thus, they paint a colourful picture, in particular throwing a glance at a leitmotiv of his work: European patent litigation.

scholarly journals Still Unifying? The Future of the Unified Patent Court

2021 ◽  
Vol 52 (9) ◽  
pp. 1143-1160
Author(s):  
Anna Wszołek
Keyword(s):  
Green Light ◽  
European Patent ◽  
Constitutional Court ◽  
Patent Litigation ◽  
Eu Member States ◽  
The United Kingdom ◽  
Federal Constitutional ◽  
Unified Patent Court ◽  
The Uk ◽  
Unitary Patent

AbstractSince its launching, the Unified Patent Court (UPC) project has faced obstacles and scepticism from some EU Member States. When the United Kingdom ratified the UPC Agreement in 2018, it seemed that there was nothing left but to wait for a positive decision of the Federal Constitutional Court of Germany on the ratification by that country, so that finally the UPC could start its activity. Nevertheless, 2020 brought events that make one look back and reflect on the project itself. The UK withdrew its ratification and the Federal Constitutional Court ruled the German ratification process of the UPC Agreement unconstitutional. Then two new complaints were submitted to the Federal Constitutional Court, which this summer finally gave the green light to the ratification, but it seems the UPC project has already split Europe. The question that arises is whether, in the context of last year’s events and the fracture between the states, the unitary patent system can still be seen as unifying the European patent litigation system. This article discusses the examples of Poland, Hungary and the UK, as countries that refuse to participate in the system due to its interference in their internal legal systems and sovereignty, and other examples of fractures visible in the UPC.

Party and party’s representative

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
European Patent ◽  
Patent Litigation ◽  
Patent Attorney

Pursuant to Art 48(1) UPCA, parties must be represented by lawyers authorized to practise before a court of a CMS. Parties may, pursuant to Art 48(2) UPCA, alternatively be represented by a European Patent Attorney who is entitled to act as a professional representative before the EPO pursuant to Art 134 EPC and who has appropriate qualifications such as a European Patent Litigation Certificate.

Rule 223 Application for suspensive effect

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Civil Procedure ◽  
European Patent ◽  
Patent Litigation ◽  
Legal Remedy ◽  
German System ◽  
Court Of Appeal

Unlike the German system of civil procedure, the—only admissible—legal remedy in the new European patent litigation system, ie the appeal, does not prevent the enforcement and execution of the decision appealed. In that sense, the legal remedy has the effect of lifting the case into another instance but does not have the effect of staying the enforceability of the decision. Any suspensive effect needs to be applied for and ordered by the Court of Appeal.

Unified Patent Protection in Europe: A Commentary

2018 ◽  
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Authoritative Text ◽  
Invaluable Tool ◽  
Unified Patent Court ◽  
The Creation ◽  
Developing Area ◽  
Law Professors ◽  
New System

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

Evaluating Patent Rights With Possible Patent Litigation

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
Yi Deng
Keyword(s):  
Patent Infringement ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Patent Litigation ◽  
Model Simulations ◽  
Patent Value ◽  
Renewal Model ◽  
Patent Rights ◽  
Patent Renewal

Abstract This paper examines how possible patent infringement and litigation may affect patent holders’ renewal decisions as well as our evaluation of underlying patent value. We utilize the renewal records of the EPO (European Patent Office) patents and estimate a stochastic patent renewal model in which patent holders face possible infringement and litigation costs. Estimation results indicate that when such possibilities exist, patent holders’ renewal behavior will change substantially, and our estimates of patent value based on a stochastic renewal model become significantly higher. Model simulations also reveal that the possible patent infringement and litigation, litigation costs, and patent renewal costs all play important roles in inventors’ patenting behavior.

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