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On the consequences of a warning letter in the case of a subsequently revoked patent

The court decision primarily concerns the question of whether a patent proprietor is liable for the economic consequences of a warning letter if the underlying patent is not valid.

Regulation on compulsory Union licenses

As part of the latest trilogue negotiations, the Council of Ministers and the European Parliament have reached a provisional agreement on the Regulation on compulsory Union licenses for crisis management.

Review of the FRAND conditions in the event of a breach of an SEP

In its judgment of March 20, 2025 (case no. 6 U 3824/22), the Munich Higher Regional Court (OLG) commented on the FRAND objection for the first time in the context of main proceedings.

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Obligation as SEP holder to FRAND offer

The Mannheim Regional Court has issued the first decision of the Unified Patent Court (UPC) regarding FRAND (Fair, Reasonable, and Non-Discriminatory) (UPC, Local Chamber Mannheim, judgment of 22.11.2024, UPC_CFI_210/2023 - Panasonic/OPPO).

Jurisdiction of the UPC possible despite prior national action

Two judgments published at the end of 2024 could contribute to more cases being heard before the Unified Patent Court (UPC) in future.

On the calculation of damages for patent infringement

The decision of the Federal Court of Justice (BGH) of May 7, 2024 (case reference: X ZR 104/22) deals with the question of how to calculate damages for patent infringements committed in patent-free foreign countries.

Photovoltaik Maschinenbau: The challenge of Chinese competition

Success of VDMA member company in patent dispute gives courage.

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