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Spain v the Unitary Patent – CJEU gives Unanimous Points Decision to the Unitary Patent System
Unless you’ve missed it somehow, INTA is on and the average patent attorney is probably feeling a little left out as emails and photos of the latest INTA party do the rounds. Well fear not patent attorney brethren because the unitary patent system has a lot going on today.
Yes, on a day that literally no-one (but me) is calling Turbo Tuesday, we can look forward to the CJEU’s judgments in C-146/13 and C-147/13 (Spain v the Unitary Patent: the rematch) and a packed Preparatory Committee meeting in which we expect the details surrounding the European Patent Litigators Certificate to be finalised and the consultation on the court fees for the Unified Patent Court to be given the go ahead.
The Spanish result is first up and while the judgments weren’t available at the time of writing available, a press release has been, well, released which dismisses both of Spain’s actions. [Update: the judgments are now available – C-146/13 and C-147/13] (more…)
UPC updates: Judgment Day for Spain & confusing communications from the EU Commission
A couple of unitary patent snippets today comprising news of Judgment Day in the CJEU for Spain and a confusing European Commission communication. (more…)
AG’s Opinions on the Spanish Challenges to the Unitary Patent – English translation
On Friday last week, a mere 101 days from the day the Advocate General delivered his opinions in C-146/13 and C-147/13 the English translations of those opinions finally became available*.
The AG’s opinion (English version) in C-146/13 relating to enhanced cooperation in the area of the creation of unitary patent protection can be found here.
The AG’s opinion (English version) in C-147/13 relating to enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements can be found here. (more…)
Unitary patent: News Nuggets (December 2014)
It’s very nearly Christmas but just before we all go off to stuff ourselves with turkey and overdo it slightly on the eggnog, here’s a quick update on some unitary patent news including a possible venue for the UPC in the UK. (more…)
Unitary Patent: AG to Spain “Bot says Not” (AG dismisses Spanish Challenges to Unitary Patent)
The Advocate General’s opinions on the two Spanish actions (C-146/13, C-147/13) against the Unitary Patent Package were published today. A Press Release has also been published.
Long story short? Sorry Spain!*
*(At least as far as the Advocate General is concerned. The CJEU’s ruling on the matter will follow at some point and though it might seem likely that the Court will follow the AG, that isn’t necessarily so). (more…)
Unitary patent: AG’s Opinion (Spanish Challenges) Re-scheduled for November
The CJEU court diary has just been updated* to show that the Advocate General’s opinion relating to the Spanish challenges to the unitary patent package (in cases C-146/13 and C-147/13) is now scheduled for 18 November 2014.
An early Christmas present beckons for either Spain or the EPO…..
The CJEU court diary can be accessed here. Screengrab below. (more…)
Unitary patent: Advocate General’s opinion on the Spanish Challenge is delayed
Set phasers to “Wild Speculation”.
As has been widely covered, Spain is challenging the Unitary Patent Package via two actions at the CJEU ( C-146/13 and C-147/13 against the European Parliament and the European Council). In what has been a relatively quiet few months for news relating to the unitary patent and the unified patent court, IPcopy was looking forward to 21 October 2014 which was when the Advocate General was expected to publish the AG’s opinion on the two Spanish actions.
However, the IPO’s monthly newsletter IP Connect is now reporting that publication of the AG’s opinion will not take place in October and no revised date has been given (see page 5 of the October IP Connect). What does this mean? Perhaps the AG is just busy but maybe there are issues with the opinion and its potential impact on the Unitary Patent Package or perhaps the EPO’s role in the system. We’ll keep an eye out for further news on this issue but if anyone knows more please feel free to chime in below in the comments section.
Mark Richardson 6 October 2014
Unitary patent: News nuggets (August 2014)
Things in unitary patent preparation land are beginning to slow down a little as we head into the summer season. Things will no doubt pick up again in the autumn but in the meantime here’s some nuggets of news to keep you going. (more…)
Unitary patent: Spanish Challenge Update
As reported here previously, Spain is challenging both of the regulations that create the unitary patent. The CJEU heard the action brought by Spain on 1 July 2014 and a report of the hearing has popped up on an Allen & Overy eAlert (Luisa Deas from A&O was at the CJEU hearing).
The full report from Allen & Overy can be found here but a few notable points are highlighted below. (more…)
The unitary patent, the Spanish challenge and a costly admin error
As IPcopy covered back in June last year, Spain has launched further attacks against the unitary patent system at the CJEU. There are several bases for the complaint including breach of the principles of autonomy and the issue of delegation of powers to the European Patent Office whose acts are not subject to judicial review.
At the always entertaining Wragge & Co. annual patent seminar in December last year, the Virgin v. Zodiac case that recently passed through the UK’s Supreme Court was discussed in the context of res judicata and the end of the Unilin principles. However, this case may also illustrate the issues that can arise when the EPO gets something wrong and there’s no means for appeal.
The Supreme Court case centered on Virgin Atlantic Airways Ltd’s attempts to recover damages exceeding £49 million (!) for the infringement of a European patent that no longer existed in the form said to have been infringed.
What is particularly interesting about the Virgin/Zodiac case in the context of the unitary patent system and Spain’s challenge to that system is that it relates to a patent that should never have had effect in the UK were it not for an administrative mistake by the EPO!