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Mr Justice Morgan handed down judgment on 22 July 2022 ([2022] EWHC 1968 (Pat)) in relation to two patent infringement actions brought by Lufthansa which were heard together. The first infringement action was against two defendants, Astronics Advanced Electronic Systems and Safran Seats GB Ltd. The second action was against Panasonic Avionics Corporation. It is…
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The Court of Appeal of the Hague held that entering into a second exclusive licence contract is possible, but the failure to end the first contract in the present case constituted unlawful behaviour and tort. Further, the Court discussed the extent to which a tort between two parties can affect the liability of third parties….
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Cars and other motor vehicles operate such sophisticated communication technologies that today they operate almost like “smartphones on wheels”. This dependency on electronic communication means auto-manufacturers require access to the latest 4G and 5G standards essential to navigation and communications. Of course, these essential technologies are often patented and thus there are a range of…
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Mishan (T/A Emson) v Hozelock & Ors [2022] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2022, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of law, some patents cases and some not. In the majority of these cases, Floyd LJ (or a…
The UK Supreme Court on pemetrexed: judicial colonialism or a step towards harmonization?
On 9 June 2022 Barcelona Commercial Court no. 4 issued a decision rejecting the opposition filed by a company (the “Defendant”) against a decision of 2 September 2022 from the same Court that had ordered an “ex parte” preliminary injunction preventing the Defendant from marketing pemetrexed diarginine in Spain. The background of the case can…
UK withdraws ratification of the Unified Patent Court Agreement
The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee. Apart from depositing the withdrawal notification, there has been a parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister…
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As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words, they are alphabetic processions”) for which no direct equivalent seems to exist in English or any other language. Schweinsgalopp is one of these…
Reactions to UPCA ratification bill Germany: ‘London can delay plan B for a UP system without the UK’
Full support for the Unified Patent Court Agreement, complete rejection, long lists with points of concern. The German government has published the reactions to its consultation on the new draft ratification bill for the UPCA. A new ratification process was started last March, after the German Federal Constitutional Court (BVerfG) declared void the process of…
European Commission would welcome swift German ratification of Unified Patent Court Agreement
The European Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. Commissioner Thierry Breton for the Internal Market has written this in answer to questions of MEP Patrick Breyer. Breyer, member of the European Parliament for the German Pirate Party, asked the European Commission on 5 May 2022 to confirm…
Patent case: B/E Aerospace Inc. v. C&D Zodiac Inc., USA
The PTAB did not err in finding that airplane interior designers would have been motivated to combine prior art to arrive at the space-saving configuration disclosed by the challenged patents. Challenged claims of patents related to space-saving technologies for aircraft lavatories and other aircraft enclosures were correctly determined by the Patent Trial and Appeal Board…
