Darren Smyth
@EIP_Knowledge
Head of Knowledge at EIP, chemistry specialist patent attorney. Committee Member @ip_out 🏳️🌈Blogs at http://ipalchemist.com He/him
You might like
So, I have changed my Twitter handle because I have a new role at EIP - Head of Knowledge. This means (amongs other things) that I lead our preparations for legal changes and developments. At the moment, that is mainly the Unitary Patent and Unified Patent Court!
Here is my report of the state of play at the Unified Patent Court after two years of operation. The new thing in the last six months - lots of cases now settling or otherwise being withdrawn. I estimate the rate about 18% as a lower bound. eip.com/uk/latest/arti…
The avalanche transceiver dispute at the UPC reaches its next stage, with the patentee now having prevailed in the action on the merits (after obtaining a provisional injunction).
After securing an ex parte provisional injunction (which was upheld on review and appeal), Ortovox have now prevailed in the action on the merits in their case against Mammut, relating to avalanche transceivers. Isabelle Schaller reports - eip.com/uk/latest/arti…
The UPC doing their best to make patents enforceable despite difficulties in service in China. Two interesting decisions by default relating to provisional injunctions.
The UPC has considered infringement by equivalents a few times. Here, it declined to opine on a specific test, noting that any test requires functional equivalence as a prerequisite, which was lacking in the case.
A further decision from the UPC involving assessment of infringement by equivalent means finds functional equivalence lacking, and so declines to elucidate a full test. @EIP_Knowledge reports - eip.com/uk/latest/arti…
Attempts to set aside a decision by default failed. The original failure to meet the defence deadline is confirmed as fatal by the court (although still subject to appeal).
I argue that the UPC ruling that is has jurisdiction over the UK part of a European patent to consider infringement is a conventional reading of the Brussels Ibis Regulation - German court has jurisdiction over German defendants is a less controversial reading of the case.
The UPC has ruled that it has jurisdiction to decide infringement for the UK part of a European patent, when the defendants are based in UPC territory. @EIP_Knowledge argues that this follows a conventional understanding of the jurisdiction rules - eip.com/uk/latest/arti…
Here, the UPC elects to extend a period for one of the defendants, rather than order a stay, in view of upcoming EPO appeal hearing.
Milan Local Division grants extension of time period for filing statement of defence due to imminent EPO appeal hearing in parallel proceedings. Stuart McKellar reports - eip.com/uk/latest/arti…
For at least the second time, the UPC Court of Appeal has reversed a first instance decision that I thought was clearly correct. I had better stop predicting.
The UPC Court of Appeal has controversially ruled that the UPC does have jurisdiction to determine damages after a decision from a national court on infringement. @EIP_Knowledge looks at this surprising decision - eip.com/uk/latest/arti…
Provisional injunction on hand held vacuum cleaners overturned on appeal as CoA was not convinced the accused products worked as the patent claim requires.
Dyson's provisional injunction against SharkNinja relating to hand-held vacuum cleaners was overturned on appeal. Harry Radford reports - eip.com/uk/latest/arti…
Having prevailed at the central division with the patent maintained in amended form, Edwards is also successful at the Munich local division in asserting its patent on prosthetic heart valves against Meril. Monika Rai reports - eip.com/uk/latest/arti…
This is the second DexCom case at the Paris Local Division to be decided purely on the issue of the validity of the patent. (The first case was one of the very first UPC decisions on the merits).
The UPC has confirmed that breach of a standstill agreement between the parties does not deprive the Court of jurisdiction, nor does it render an action inadmissible. It can only give rise to liability for breach of contract. @EIP_Knowledge reports - eip.com/uk/latest/arti…
This is an interesting little judgment clarifying what a patentee must do after securing a provisional injunction by the mandatory deadline in order for the injunction not to be revoked.
This is a really interesting decision from the UPC finding infringement by equivalent means, and suggesting a 4 stage test by which equivalents should be assessed. We shall see if it is adopted more widely.
The UPC local division in The Hague finds a patent infringed by equivalence and suggests a test by which equivalence should be assessed at the UPC. @EIP_Knowledge reports - eip.com/uk/latest/arti…
Insulet fails in two actions for provisional injunctions against EOFLOW and Menarini, respectively. Menarini in turn had failed to get the actions joined, or to intervene in the other case.
Insulet fails in provisional injunction applications against EOFLOW and Menarini, mainly due to doubts about the validity of the patent. Nunzio Pucci reports - eip.com/uk/latest/arti…
This is an interesting pair of cases where ex parte injunctions were sought but refused; however the UPC agreed to order seizure of products (at an exhibition), for which the threshold is lower.
UPC grants two ex parte seizure orders to Pirelli in relation to attendance of defendants at an international exhibition. However, ex parte provisional injunctions were declined. Nunzio Pucci reports - eip.com/uk/latest/arti…
Another case in which the UPC declines a provisional injunction where the balance of harm clearly favours the defendant.
UPC declines to order a provisional injunction as the defendant had a small market share and had been on the market for a considerable time. Nunzio Pucci reports - eip.com/uk/latest/arti…
UPC rules that a claimant who has been required to deposit a security for costs (in a revocation action) does not in general get the money back after winning at first instance only - they need to wait until any appeal is concluded.
I don't think I am the only person that thought the first instance decision was correct here.
UPC Court of Appeal rules that a national action commenced before the UPC commenced does not preclude withdrawal of an opt out. Darren Smyth reports. @EIP_Knowledge reports - eip.com/uk/latest/arti…
The Milan local division gives us a rare ex parte provisional injunction.
Milan Local Division grants an emergency provisional injunction ex parte and permits service and execution at a trade fair. Nunzio Pucci reports - eip.com/uk/latest/serv…
United States Trends
- 1. Araujo 170K posts
- 2. Chelsea 579K posts
- 3. Barca 235K posts
- 4. Estevao 227K posts
- 5. Ferran 73.6K posts
- 6. Barcelona 421K posts
- 7. Yamal 170K posts
- 8. Oklahoma State 4,143 posts
- 9. Eric Morris 2,692 posts
- 10. Cucurella 87.1K posts
- 11. Rashford 23.5K posts
- 12. Flick 43.4K posts
- 13. Kounde 45.2K posts
- 14. Godzilla 24.6K posts
- 15. Pedri 51K posts
- 16. Enzo 62.3K posts
- 17. #CHEBAR 16K posts
- 18. Raising Arizona 1,614 posts
- 19. Caicedo 36.1K posts
- 20. Skippy 3,995 posts
Something went wrong.
Something went wrong.