Monthly Archive: July 2015

“Huawei v ZTE” – CJEU landmark decision provides new ground rules for asserting standard-essential patents in Europe

In a landmark decision issued on July 16, 2015, the Court of Justice of the European Union (CJEU)  provided new guidelines on how patent infringement courts in Europe should deal with patent proprietors seeking injunctions or the recall of products on the basis of an (alleged) infringement of a standard-essential patent (SEP) if those SEP …

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2015 – The year of the patent trolls?

According to a recent survey of the US organization Unified Patents (published on the website of the online portal arstechnica, please click here), the number of lawsuits in the US has again rised. In the first half of 2015, 68 percent of all patent lawsuits were filed by patent trolls. In the high-tech sector, even about 90 percent of all patent …

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Handle with care – the Commission’s agenda on trade secrets protection

The Commission’s proposal for a “DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (the “Directive”) is meant to bring the protection of trade secrets to a new level. An article looking at key elements of the …

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Clawback Extended: Retention of Title in Legal Limbo

Retention of title (Eigentumsvorbehalt) is a standard tool in German business for granting security in supply relationships. Usually, it is granted as an extended and/or expanded retention of title (verlängerter und/oder erweiterter Eigentumsvorbehalt). Basically, the supplier receives a revolving security to the delivered movable assets until receipt of all payments under the business relationship. According …

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