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Wall Street Journal
Germany Shuts Door on Patent Trolls
Germany on Friday removed a legislative quirk that had made it a prime destination for globally active patent litigators who increasingly target fast-growing tech companies. Under the new legislation, courts examining a patent claim will conduct a proportionality check to decide whether an injunction would cause “undue hardship” to the alleged infringer or any third party. Ludwig von Reiche, IP2Innovate's board member told Wall Street Journal, that the law was an important step towards creating a better balance between patent and innovation protection. It remains to be seen how judges apply the new law, he added.
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Other press coverage
Euractiv
Breton renews calls for a single European patent system
Industry welcomed Breton’s comments on Monday, but also noted the importance of adapting a single framework for a European patent, before steaming ahead with the establishment of the UPC.
Managing IP
NPEs set sights on UPC and more patent acquisition - Blackbird, Dominion Harbor, Acacia, and Harfang IP say the market is hot for patent acquisitions and that litigation opportunities could soon emerge in Europe
Managing IP’s article outlining the views of Non-Practicing Entities (NPEs) on the Unified Patent Court (UPC) points out that several NPEs are gearing up for the launch of the UPC in the following months because the UPC’s centralised system “would make Europe a much easier place to litigate”. NPEs also argue that UPC would provide for another way to litigate in a “market comparable to China or the US”.
Managing IP
UPC take-up likely to be poor, say industry counsel
In its article on whether companies are likely to make use of the Unified Patent Court (UPC), Managing IP reports that implementers see the enforcement associated with the unitary patent as more of a threat than an opportunity due to the enormous number of applicable patents and therefore likely lawsuits for their infringement and associated defense.