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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
Patrick Oliver
Statement in response to publication of the European Commission’s IP Action Plan
IP2Innovate welcomes the European Commission’s efforts to improve the IP landscape in Europe, in particular the emphasis on ensuring that the proportionality requirement in the granting of injunctions is met. However, the IP Action Plan outlined today needs to go further to address continuing abuses of the patent system.
Managing IP
US firms prioritise Europe as UPC countdown begins
In the recent article of Managing IP, examining future enforcement of EU patent law by the Unified Patent Court (UPC), Katalin Lubóczki, coordinator of the UPC Working Group responsible for finalising the training plan for UPC judges emphasises that proportionality will be an important principle in UPC jurisprudence.
IP2Innovate
IP2Innovate statement on the European Commission’s plans to propose a new regulation governing SEP licensing
BRUSSELS, 5 April 2023 – According to news reports last week the European Commission’s planned proposal for a Regulation on standard essential patents (SEPs) will tackle deep-rooted problems such as the lack of transparency and predictability in SEP licensing. IP2Innovate looks forward to reading the official proposal in the coming weeks.