In a recent decision on patent infringement under the doctrine of equivalents, the German Federal Court of Justice confirmed its case law that each limitation of the claim must be met in the accused device, either literally or equivalently. Specifically,
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Spanish Data Protection Authority Issues Highest GDPR Fine to Date
The Spanish Data Protection Authority (“Agencia Espanola Proteccion Datos – AEPD”) has recently issued its highest fine to date, totaling €8.15 million for several breaches of GDPR and national legislation by a multinational telecommunication company and its service providers. Notably,…
German Government Passes Bill to Simplify and Modernize Patent Law
On 28 October 2020, the German Federal Government passed a bill to simplify and modernize the German patent law. The bill is expected to pass the German Parliament (Bundestag) early next year. Once the draft law passes, injunctions in patent…
Sanction Provisions in Brazil’s Data Protection Law Will Take Effect on 1 August 2021
Since enacted in August 2018, the entry into force of the Brazilian Data Protection Law (No. 13,709 – “LGPD”) has been subject to several changes. First it was supposed to be effective as of February 2020; then August 2020; and…
The Court of Justice of the European Union Provides Some Clarification on Third Party Liability of Marketplaces in Trade Mark Infringement Disputes
On 2 April 2020, the Court of Justice of the European Union (the “CJEU”) delivered its judgment in Coty Germany v Amazon (Case C‑567/18), in which the CJEU considered whether Amazon was liable for trade mark infringement for storing goods that…
German Patent and Trade Mark Office (DPMA) Extends Deadlines and Cancels Scheduled Hearings
On 18 March 2020, the German Patent and Trade Mark Office (“DPMA”) has announced the extensions for all time limits granted by the German Patent and Trade Mark Office regarding all pending IP procedures. This extension shall be granted ex…
The Impact of Covid-19 on Data Protection in Brazil
There is a lot of uncertainty as to when the Brazilian Data Protection Law (No. 13,709 – “LGPD”) will come into force. Such uncertainly has been significantly increased due to the current scenario of Covid-19. However, data protection compliance projects…
German Federal Constitutional Court Decides that German Ratification of UPC Agreement is Void
In an order published today, the German Federal Constitutional Court decided that the Act of Approval to the Agreement on a Unified Patent Court (“UPC Agreement”) is void. In its reasoning, the Court held that the ratification of the UPC…
UK Confirms that it Will not Become a Member of the Unitary Patent and Unified Patent Court
On 27 February 2020, the UK government unofficially announced that the UK will not participate in the Unitary Patent and Unified Patent Court system. The decision was confirmed by a spokesperson for the prime minister, who stated that “Participating in…
German Government Announces Plans to Restrict Injunctive Relief in Patent Cases by Equitable Considerations
According to press reports, the German Ministry of Justice recently released a draft law proposal to restrict injunctions in patent cases by equitable considerations in individual cases. Currently, under German patent law, a permanent injunction is the automatic remedy…