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Current news

27. May 2024

KITCHBO ...

... is a revolutionary silicone baking mat that can do much more than just bake. Julian Graf took a look at the innovation behind it in our blog "Shark Tank of Patents".

21. May 2024

UPC Agreement ratified by Romania

On April 14, 2024, Romania's Law 81/2024 came into effect, officially ratifying the Unified Patent Court Agreement (UPCA). According to Article 89(2) of the UPCA, this ratification will take effect on the first day of the fourth month following the deposit of the instrument of ratification with the General Secretariat of the Council of the European Union. If Romania promptly deposits this instrument, it could become a contracting member state as early as September 1, 2024.

This accession will make Romania the 18th contracting member state where European patents with unitary effect will be available and subject to the exclusive jurisdiction of the UPC for disputes related to infringement and invalidity. During the transitional period, classical European patents designating Romania that are not opted out of the UPC's jurisdiction will be subject to both UPC and national jurisdiction. With Romania as a contracting state to the UPCA, it will leave six of the 24 UPCA signatory states that still needing to complete the ratification process.

19. April 2024

Unified Patent Court starts with Main Hearings

The inaugural main hearing at the Unified Patent Court (UPC) was conducted before the Munich local division on April 16, 2024, marking a significant milestone in the still very young history of the UPC. The court reviewed a patent infringement claim filed by KraussMaffei Extrusion against Troester GmbH, making it the first substantial patent infringement hearing at the UPC. Previously, the UPC's divisions have primarily handled provisional injunctions and procedural matters within the first ten months.

In this landmark case, KraussMaffei Extrusion initiated the lawsuit against Troester in July 2023 over the patent EP 3 221 117, registered under case ID: ACT_528357/2023. Both firms are competitors in the tyre tread manufacturing sector. The early scheduling of the hearing resulted from Troester's decision to waive on counterclaim for revocation, choosing instead to focus on a pending appeal against the patent at the European Patent Office (EPO). The EPO's Boards of Appeal are expected to deliver a decision on the appeal by the end of July, after which the Munich local division will hand down its judgment.

Further, the UPC has scheduled three more infringement hearings before the summer break:

  • Philips vs Belkin concerning Wifi technology in Munich on May 14,
  • Kaldewei vs Bette over bathroom equipment in Düsseldorf on May 16, and
  • Abbott vs Dexcom over glucose-monitoring technology in Paris on May 24
19. April 2024

Irland's UPC referendum postponed

On April 16, 2024, Ireland's minister for enterprise, trade and employment, Peter Burke, has confirmed that the Irish government has postponed its scheduled referendum on ratification on the UPC Agreement.
Originally due to be held on 7 June 2024 to coincide with the local and European elections, the government has not confirmed a new date .

In Ireland, a referendum on the country for actually acceding to the UPC is required to give the jurisdictional power of the Irish courts to the supranational UPC. In a statement, Burke says, "While the government continues to believe that joining the UPC is essential and that the referendum should be pursued, it is clear to me that more time is needed for public discourse and engagement on the matter to help inform the debate." In other words, the public awareness for the importance to joining the UPC is currently estimated not high enough to secure an affirmative referendum vote.

31. March 2024

"HAEPSI KEBAG"...

is a functional and sustainable kebab packaging. Find out more about its special feature in the article on our blog "Shark Tank of Patents" by Julian Graf.

28. March 2024

THE HARIBO GUMMY BEAR HAS CHEST HAIR?

an article by Birgit Reiter published in the ECTA Bulletin March 2024

26. March 2024

GERMAN VERSUS EUROPEAN PATENT SYSTEM

an article by Detlef von Ahsen in the 1st issue of March 2024 of GermanLawInternational, Legal Platform - part of DeutscherAnwaltsSpiegel Group

13. February 2024

ONLINE AGAIN...

Julian Graf wrote a short article for our blog "Die Höhle der Patente": aspUraclip, a mini-inhaler.
 Enjoy reading!

06. February 2024

SOME UPDATES FROM EPLIT ON THE UNIFIED PATENT COURT'S CASE STATISTICS SO FAR

EPLIT (European Patent Litigators Association) is the association for European Patent Attorneys who may act before the Unified Patent Court (UPC), national courts and in inter partes proceedings at the European Patent Office (EPO).

Most of Kuhnen & Wacker's European Patent Attorneys have been members of EPLIT from the very beginning.

See more details

24. January 2024

SAVE THE DATE

European Intellectual Property Seminar 2024 in Freising

October 6 to 9, 2024

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