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IP2Innovate
Les mauvaises actions en contrefaçon - Paper by Professor Caron
In April 2019, Professor Caron published a paper in 'Communication - Commerce électronique' about wrongful infringement actions, like those involving patent trolls in patent law. In his paper, he presents, from the perspective of European Union law and French law, concepts that enable or could enable us to combat these bad infringement actions that tarnish the image of intellectual property.
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IP2Innovate
More work needed to improve public access to UPC patent case documents
Last month a law firm submitted a request for documents under rule 262.1 (b) of the UPC Rules of Procedure, which ensures that written pleadings and evidence in patent litigation proceedings are available to the public “upon reasoned request.” The firm is calling on the central division of the Unified Patent Court in Munich to make available all written pleadings and evidence for a pending case in the court.
The aim of the law firm, Mathys & Squire, is to establish a clear and consistent path for the public to access these documents in the future. IP2Innovate fully supports this initiative. We have been campaigning for more transparency in patent litigation for many years, and welcomed the improvement to the status quo that the UPC’s rules promised.
worldipreview.com
NPEs: hiding ownership and gaming the system
The lack of transparency around NPEs marks a serious problem for the European patent system, argues Patrick Oliver of IP2Innovate.
IP2Innovate
Professors Hofmann and Raue: Taking proportionality seriously in the Unified Patent Court
Two German law professors, Dr Franz Hofmann and Dr Benjamin Raue have pooled forces to publish a joint paper this week on the delicate issue of injunctions and damages for the infringement of patents.
The paper, entitled ‘Injunctions and Damages for the Infringement of Patents under the UPCA; an Analysis in the Light of the Principle of Proportionality’ calls for a more nuanced approach to patent infringement cases, and it urges judges of the recently launched UPC to consider damages instead of automatic injunctions as a remedy in their rulings.