Fundamental reforms ahead for European Patent Law

The Member States of the European Union are in the process of preparing the introduction of a new European Patent with Unitary Effect and the creation of a single Unified Patent Court with divisions located all over Europe. With the realization of this patent reform package, the significance and the scope of patent litigation in Europe will increase substantially. The creation of a truly unitary European patent protection and the respective court system is aimed at fostering the attractiveness and the competitiveness of patent enforcement in the European Union with a view particularly to the United States of America and …

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European Commission publishes decisions following investigations into abuse of standard-essential patents

On April 29, 2014, the European Commission published two decisions as a result of its investigations into the (alleged) abuse of standard-essential patents (SEPs) in patent litigation, in particular by seeking injunctions against competitors on the basis of SEPs. The first decision renders binding commitments offered by Samsung Electronics, not to seek injunctions in Europe on the basis of its SEPs for smartphones and tablets against licensees who sign up to a specified licensing framework (described in more detail below). The second decision equally finds that Motorola Mobility’s seeking and enforcement of an injunction on the basis of a smartphone …

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