In a landmark move, the UPC’s Court of Appeal has referred key questions to the CJEU on its international jurisdiction and on liability for patent infringement—specifically concerning product compliance authorised representatives. The outcome could redefine the geographical scope of patent
COVID-19: Major risk flowing from non-exclusive IP licenses under German insolvency law
The COVID-19 pandemic poses a major challenge for large parts of the economy, causing many companies to fail and a domino effect on other companies with which they had business relationships. Where a party to an IP license becomes insolvent
German Federal Constitutional Court rules on constitutional procedural rights of interim injunction defendants
The German Federal Constitutional Court has handed down several landmark decisions which strengthen defendant rights in interim injunction proceedings (Federal Constitutional Court decision of 27 June 2020, case no. 1 BvR 1379/20; decision of 3 June 2020, case no. 1
German patent interim injunctions require the patent to have survived validity proceedings
In its decision dated 12 December 2019, the Higher Regional Court Munich ruled that in principle, an interim injunction for patent infringement should not be ordered unless it can be satisfied that the validity of the patent-in-suit is ensured, for