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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Intellectual property specialists working with creative people and innovative businesses in the UK, Germany, Europe and worldwide

Unwired Planet v Huawei - the FRAND injunction 

Having granted Unwired Planet a final injunction to restrain infringement of two standard essential patents (SEPs) by Huawei in its main judgment ([2017] EWHC 711 (Pat)) the High Court has now ruled on remedies. In Unwired Planet International Ltd v Huawei Technologies Co Ltd, Mr Justice Birss decided the terms of the final injunction which should be granted and stayed pending appeal. He found that this new type of IP injunction—a FRAND (fair, reasonable and non-discriminatory) injunction—should be in normal form to restrain infringement of the relevant patent(s), but ought to include a proviso that it would cease to have effect if the defendant entered into a FRAND licence. If, as in this case, the FRAND licence was for a shorter duration than the lifetime of the relevant patents, then the injunction should also be subject to an express liberty to enable either party to return to court in future to address the position at the end of the term of the FRAND licence.

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EPO Enlarged Board upholds partial priority for broadened claims - no more poisonous priorities or poisonous divisionals

Back in 2014 we wrote about the strict “same invention” rule used to establish whether a European (or UK) patent application is entitled to priority.  We wrote that...
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Unitary Patent - UPDATE

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two Regulations and an international Agreement, laying grounds for the creation of unitary patent protection...

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4 - 7

October 2017

PTMG Autumn Conference...

PATENT ISSUES SPRING 2017
Highlights this issue
  • EPO Increases its output
  • EPO enlarged board upholds partial priority for broadened claims
  • UK court sets FRAND rate  for 4G SEPs 
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