An Overview Of The Draft Rules Of Procedure For The Unified Patent Court
Dr. Klaus GrabinskiFederal Court of Justice (Bundesgerichtshof) Following the adoption of the two Regulations on the EU patent and on related translation arrangements on 17th December 2012 and the signing of the Unified Patent Court Agreement on 19th February 2013, factual and other legal grounds must now be prepared in order to enable the Unified […]
Patent Licensing And Document Destruction: Recent Case Law Regarding Spoliation
Blaine M. HackmanFrommer Lawrence & Haug LLP Spoliation refers to the destruction or material alteration of evidence, or a party’s failure to preserve evidence related to a reasonably foreseeable litigation. Recent high-profile patent cases have been affected by alleged spoliation, including Hynix v. Rambus, Micron v. Rambus, and Samsung v. Apple. Spoliation sanctions can be severe […]
Trends In The Interplay Of IPR And Standards, FRAND Commitments And SEP Litigation
Knut BlindTU Berlin, Fraunhofer FOKUS, Rotterdam School of Management Tim PohlmannIPlytics GmbH, TU Berlin and Cerna Mines ParisTech, IP Manager An uprising issue that became very relevant in the last decades is the role of patents that are essential to a technology standard. Whereas patents are intended to allow its owner to exclude others from […]
Australian Patent Enforcement— A Proposal For An Expert Panel Opinion Part 2
Dimitrios EliadesQueensland University of Technology The appointment of the Expert Panel raises practical issues. These issues are related to its selection, cost and the briefing materials it will consider.
When To Sue—Using An EP Application
Xavier VallvéUniversitat Autonoma de Barcelona There are different issues to take into account when deciding the correct moment to sue a possible infringer. One of these elements is the status of the patent or patent application which is to be used.
Overlooking Issues In Cross-Border Licensing Transactions
Tsuyoshi DaiTsuyoshi Dai Law Office This article is an overview of issues and risks in cross-border licensing transactions. Typical intellectual property licensing agreements can be said to include: (1) patent and know-how licensing agreements for medicine, machinery, electronics and so on; (2) copyright licensing agreements for IT and software; and (3) trademark licensing agreements or […]
Protection of Trade Secrets in Lawsuit Procedures in Japan
Masashi ChushoIkuta, Nakoshi & Takahashi
Fair Play: IP Rights And Major Sport Events— Notes On Fighting Counterfeiting, Parallel Imports And Ambush Marketing In Brazil
Gabriel LeonardosKasznar Leonardos Intellectual Property Sports are currently one of the best ways to connect people worldwide. The significance of sports in today’s society is a clear reflection of the influence and passion that arises in each supporter.
A Look Into IP Deals—The True Value Of IP
David R. JarczykktMINE Only through a deep look at IP deals can one really begin to uncover the true value of IP. This article summarizes royalty rate and structure trends for IP deals in the Pharmaceuticals, Software, Consumer Products and Telecommunications industries. The LESI IP Valuation Committee in cooperation with ktMINE, an IP information services […]
Recent U.S. Court Decisions And Developments Affecting Licensing
John PaulFinnegan, Henderson, Farabow, Garrett & Dunner, LLP Brian KacedonFinnegan, Henderson, Farabow, Garrett & Dunner, LLP Inducement, a form of indirect patent infringement, provides for liability where one party causes infringement by another. Under recent law, inducement may apply to situations where one party performs certain steps of a patented method and causes another party […]
