News

Preliminary Injunctions at the UPC in light of the ECJ’s Phoenix Contact decision

The first decisions of the European Unified Patent Court (UPC) relating to preliminary injunctions have been issued and, as could be expected, these decisions were issued in proceedings in which a party seeks interim relief against an alleged patent infringer. Last year, on 28 April 2022, the European Court of...

The First UPC Preliminary Injunction Order

Swiss e-bike manufacturer, myStromer AG, and its competitor, Revolt Zycling AG, were both exhibiting their bicycles at Eurobike 2023 in Frankfurt, one of Europe’s largest bike trade fairs. MyStromer AG, based in Oberwangen, is a Swiss manufacturer of fast e-bikes with a speed of up to 45 km/h. MyStromer applied...

US Clampdown on High-Tec Investments

US President Joe Biden's Executive Order clamping down on high-tec investments in China has also major implications for European companies. The order must be complied with by any "United States Person" and this includes not only companies with headquarters in the US or organised under laws of US states, but...

Artificial Intelligence, Inventive Step and Disclosure

A further decision from the European Patent Office’s Boards of Appeal illustrates the challenges faced by patent applicants when filing for patents for artificial intelligence (AI) inventions but also provides a number of suggestions on the level of detail that the patent office requires when disclosing the invention. The decision...

Standard Essential Patents at the European UPC

The Chinese company Huawei has apparently become the first company to file a patent infringement suit based on a standard essential patent in the new European Unitary Patent Court (UPC), according to a report in the IAM magazine. So-called "Standard Essential Patents" (abbreviated to SEPs) are patents protecting a technology required...

File Wrapper Estoppel in the Unified Patent Court

File-wrapper estoppel (also call "prosecution history estoppel") is a term used to indicate that an applicant of a patent application that has made "narrowing amendments" to the claims of the patent application, for example to take into account prior art, may be precluded from broadening the scope of their granted claims to...