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This podcast covers intellectual property including trademarks, patents and desgins. It is brought to you by Ken Suzan, of counsel and a trademark attorney at the Minneapolis office of Barnes & Thornburg LLP, and Dr. Rolf Claessen, partner at Patent Attorneys Freischem in Cologne, Germany. We wi…

Rolf Claessen and Ken Suzan


    • Nov 28, 2025 LATEST EPISODE
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    The IP Fridays podcast is an informative and engaging resource for anyone interested in intellectual property law. Hosted by Ken Suzan and Rolf Claessen, this podcast covers a wide range of topics including trademarks, patents, designs, and much more. The hosts bring on experts from around the world to discuss important issues in the field, providing listeners with valuable insights and perspectives.

    One of the best aspects of this podcast is the depth and breadth of topics covered. Whether you are a US attorney with cases in Europe or a business owner looking for legal direction on IP issues, there is something for everyone. The discussions delve into current topics such as the Unified Patent Court (UPC) and emerging AI issues, offering thoughtful insights into these complex areas. The interviews with experts are conducted in a conversational style that ensures all salient points are addressed.

    Another great aspect of IP Fridays is the accessibility of the content. The hosts present complex legal concepts in a digestible format, making it easier for listeners to understand and engage with the material. This is especially helpful for those who may find reading online publications on these topics overwhelming or time-consuming.

    While it is hard to find any major flaws with IP Fridays, one possible drawback is that the focus may lean slightly more towards trademarks than patents. However, this can be subjective based on individual interests and needs. Overall, the podcast does an excellent job of covering both trademark and patent issues.

    In conclusion, IP Fridays is a fun, educational, and up-to-date legal podcast that provides valuable insights into intellectual property law. The hosts' interview style ensures that important topics are covered while keeping the content engaging for listeners. Whether you are an attorney or a business owner, this podcast is a must-listen resource for staying informed about current trends and developments in intellectual property law.



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    The Current State of the Unified Patent Court (UPC) – Interview With Prof. Aloys Hüttermann – Comparison With the US and China – Strategies for Plaintiffs and Defendants – Learnings From Key Cases – Cross – Border Liti

    Play Episode Listen Later Nov 28, 2025 49:55


    I am Rolf Claessen and together with my co-host Ken Suzan I am welcoming you to episode 169 of our podcast IP Fridays! Today's interview guest is Prof. Aloys Hüttermann, co-founder of my patent law firm Michalski Hüttermann & Partner and a true expert on the Unified Patent Court. He has written several books about the new system and we talk about all the things that plaintiffs and defendants can learn from the first decisions of the court and what they mean for strategic decisions of the parties involved. But before we jump into this very interesting interview, I have news for you! The US Patent and Trademark Office (USPTO) is planning rule changes that would make it virtually impossible for third parties to challenge invalid patents before the patent office. Criticism has come from the EFF and other inventor rights advocates: the new rules would play into the hands of so-called non-practicing entities (NPEs), as those attacked would have few cost-effective ways to have questionable patents deleted. The World Intellectual Property Organization (WIPO) reports a new record in international patent applications: in 2024, around 3.7 million patent applications were filed worldwide – an increase of 4.9% over the previous year. The main drivers were Asian countries (China alone accounted for 1.8 million), while demand for trademark protection has stabilized after the pandemic decline. US rapper Eminem is taking legal action in Australia against a company that sells swimwear under the name “Swim Shady.” He believes this infringes on his famous “Slim Shady” brand. The case illustrates that even humorous allusions to well-known brand names can lead to legal conflicts. A new ruling by the Unified Patent Court (UPC) demonstrates its cross-border impact. In “Fujifilm v. Kodak,” the local chamber in Mannheim issued an injunction that extends to the UK despite Brexit. The UPC confirmed its jurisdiction over the UK parts of a European patent, as the defendant Kodak is based in a UPC member state. A dispute over standard patents is looming at the EU level: the Legal Affairs Committee (JURI) of the European Parliament voted to take the European Commission to the European Court of Justice. The reason for this is the Commission’s controversial withdrawal of a draft regulation on the licensing of standard-essential patents (SEPs). Parliament President Roberta Metsola is to decide by mid-November whether to file the lawsuit. In trademark law, USPTO Director Squires reported on October 31, 2025, that a new unit (“Trademark Registration Protection Office”) had removed approximately 61,000 invalid trademark applications from the registries. This cleanup of the backlog relieved the examining authority and accelerated the processing of legitimate applications. Now let's jump into the interview with Aloys Hüttermann: The Unified Patent Court Comes of Age – Insights from Prof. Aloys Hüttermann The Unified Patent Court (UPC) has moved from a long-discussed project to a living, breathing court system that already shapes patent enforcement in Europe. In a recent IP Fridays interview, Prof. Aloys Hüttermann – founder and equity partner at Michalski · Hüttermann & Partner and one of the earliest commentators on the UPC – shared his experiences from the first years of practice, as well as his view on how the UPC fits into the global patent litigation landscape. This article summarises the key points of that conversation and is meant as an accessible overview for in-house counsel, patent attorneys and business leaders who want to understand what the UPC means for their strategy. How Prof. Hüttermann Became “Mr. UPC” Prof. Hüttermann has been closely involved with the UPC for more than a decade. When it became clear, around 13 years ago, that the European project of a unified patent court and a unitary patent was finally going to happen, he recognised that this would fundamentally change patent enforcement in Europe. He started to follow the legislative and political developments in detail and went beyond mere observation. As author and editor of several books and a major commentary on the UPC, he helped shape the discussion around the new system. His first book on the UPC appeared in 2016 – years before the court finally opened its doors in 2023. What fascinated him from the beginning was the unique opportunity to witness the creation of an entirely new court system, to analyse how it would be built and, where possible, to contribute to its understanding and development. It was clear to him that this system would be a “game changer” for European patent enforcement. UPC in the Global Triangle: Europe, the US and China In practice, most international patent disputes revolve around three major regions: the UPC territory in Europe, the United States and China. Each of these regions has its own procedural culture, cost structure and strategic impact. From a territorial perspective, the UPC is particularly attractive because it can, under the right conditions, grant pan-European injunctions that cover a broad range of EU Member States with a single decision. This consolidation of enforcement is something national courts in Europe simply cannot offer. From a cost perspective, the UPC is significantly cheaper than US litigation, especially if one compares the cost of one UPC action with a bundle of separate national cases in large European markets. When viewed against the territorial reach and procedural speed, the “bang for the buck” is very compelling. China is again a different story. The sheer volume of cases there is enormous, with tens of thousands of patent infringement cases per year. Chinese courts are known for their speed; first-instance decisions within about a year are common. In this respect they resemble the UPC more than the US does. The UPC also aims at a roughly 12 to 15 month time frame for first-instance cases where validity is at issue. The US, by contrast, features extensive discovery, occasionally jury trials and often longer timelines. The procedural culture is very different. The UPC, like Chinese courts, operates without discovery in the US sense, which makes proceedings more focused on the written record and expert evidence that the parties present, and less on pre-trial disclosure battles. Whether a company chooses to litigate in the US, the UPC, China, or some combination of these forums will depend on where the key markets and assets are. However, in Prof. Hüttermann's view, once Europe is an important market, it is hard to justify ignoring the UPC. He expects the court's caseload and influence to grow strongly over the coming years. A Landmark UPC Case: Syngenta v. Sumitomo A particularly important case in which Prof. Hüttermann was involved is the Syngenta v. Sumitomo matter, concerning a composition patent. This case has become a landmark in UPC practice for several reasons. First, the Court of Appeal clarified a central point about the reach of UPC injunctions. It made clear that once infringement is established in one Member State, this will usually be sufficient to justify a pan-European injunction covering all UPC countries designated by the patent. That confirmation gave patent owners confidence that the UPC can in fact deliver broad, cross-border relief in one go. Second, the facts of the case raised novel issues about evidence and territorial reach. The allegedly infringing product had been analysed based on a sample from the Czech Republic, which is not part of the UPC system. Later, the same product with the same name was marketed in Bulgaria, which is within UPC territory. The Court of Appeal held that the earlier analysis of the Czech sample could be relied on for enforcement in Bulgaria. This showed that evidence from outside the UPC territory can be sufficient, as long as it is properly linked to the products marketed within the UPC. Third, the Court of Appeal took the opportunity to state its view on inventive step. It confirmed that combining prior-art documents requires a “pointer”, in line with the EPO's problem-solution approach. The mere theoretical possibility of extracting a certain piece of information from a document does not suffice to justify an inventive-step attack. This is one of several decisions where the UPC has shown a strong alignment with EPO case law on substantive patentability. For Prof. Hüttermann personally, the case was also a lesson in oral advocacy before the UPC. During the two appeal hearings, the presiding judge asked unexpected questions that required quick and creative responses while the hearing continued. His practical takeaway is that parties should appear with a small, well-coordinated team: large enough to allow someone to work on a tricky question in the background, but small enough to remain agile. Two or three lawyers seem ideal; beyond that, coordination becomes difficult and “too many cooks spoil the broth”. A Game-Changing CJEU Decision: Bosch Siemens Hausgeräte v. Electrolux Surprisingly, one of the most important developments for European patent litigation in the past year did not come from the UPC at all, but from the Court of Justice of the European Union. In Bosch Siemens Hausgeräte v. Electrolux, the CJEU revisited the rules on cross-border jurisdiction under the Brussels I Recast Regulation (Brussels Ia). Previously, under what practitioners often referred to as the GAT/LuK regime, a court in one EU country was largely prevented from granting relief for alleged infringement in another country if the validity of the foreign patent was contested there. This significantly limited the possibilities for cross-border injunctions. In Bosch, the CJEU changed course. Without going into all procedural details, the essence is that courts in the EU now have broader powers to grant cross-border relief when certain conditions are met, particularly when at least one defendant is domiciled in the forum state. The concept of an “anchor defendant” plays a central role: if you sue one group company in its home forum, other group companies in other countries, including outside the EU, can be drawn into the case. This has already had practical consequences. German courts, for example, have issued pan-European injunctions covering around twenty countries in pharmaceutical cases. There are even attempts to sue European companies for infringement of US patents based on acts in the US, using the logic of Bosch as a starting point. How far courts will ultimately go remains to be seen, but the potential is enormous. For the UPC, this development is highly relevant. The UPC operates in the same jurisdictional environment as national courts, and many defendants in UPC cases will be domiciled in UPC countries. This increases the likelihood that the UPC, too, can leverage the broadened possibilities for cross-border relief. In addition, we have already seen UPC decisions that include non-EU countries such as the UK within the scope of injunctions, in certain constellations. The interaction between UPC practice and the Bosch jurisprudence of the CJEU is only beginning to unfold. Does the UPC Follow EPO Case Law? A key concern for many patent owners and practitioners is whether the UPC will follow the EPO's Boards of Appeal or develop its own, possibly divergent, case law on validity. On procedural matters, the UPC is naturally different from the EPO. It has its own rules of procedure, its own timelines and its own tools, such as “front-loaded” pleadings and tight limits on late-filed material. On substantive law, however, Prof. Hüttermann's conclusion is clear: there is “nothing new under the sun”. The UPC's approach to novelty, inventive step and added matter is very close to that of the EPO. The famous “gold standard” for added matter appears frequently in UPC decisions. Intermediate generalisations are treated with the same suspicion as at the EPO. In at least one case, the UPC revoked a patent for added matter even though the EPO had granted it in exactly that form. The alignment is not accidental. The UPC only deals with European patents granted by the EPO; it does not hear cases on purely national patents. If the UPC were more generous than the EPO, many patents would never reach it. If it were systematically stricter, patentees would be more tempted to opt out of the system. In practice, the UPC tends to apply the EPO's standards and, where anything differs, it is usually a matter of factual appreciation rather than a different legal test. For practitioners, this has a very practical implication: if you want to predict how the UPC will decide on validity, the best starting point is to ask how the EPO would analyse the case. The UPC may not always reach the same result in parallel EPO opposition proceedings, but the conceptual framework is largely the same. Trends in UPC Practice: PIs, Equivalents and Division-Specific Styles Even in its early years, certain trends and differences between UPC divisions can be observed. On preliminary injunctions, the local division in Düsseldorf has taken a particularly proactive role. It has been responsible for most of the ex parte PIs granted so far and applies a rather strict notion of urgency, often considering one month after knowledge of the infringement as still acceptable, but treating longer delays with scepticism. Other divisions tend to see two months as still compatible with urgency, and they are much more cautious with ex parte measures. Munich, by contrast, has indicated a strong preference for inter partes PI proceedings and appears reluctant to grant ex parte relief at all. A judge from Munich has even described the main action as the “fast” procedure and the inter partes PI as the “very fast” one, leaving little room for an even faster ex parte track. There are also differences in how divisions handle amendments and auxiliary requests in PI proceedings. Munich has suggested that if a patentee needs to rely on claim amendments or auxiliary requests in a PI, the request is unlikely to succeed. Other divisions have been more open to considering auxiliary requests. The doctrine of equivalents is another area where practice is not yet harmonised. The Hague division has explicitly applied a test taken from Dutch law in at least one case and found infringement by equivalence. However, the Court of Appeal has not yet endorsed a specific test, and in another recent Hague case the same division did not apply that Dutch-law test again. The Mannheim division has openly called for the development of an autonomous, pan-European equivalence test, but has not yet fixed such a test in a concrete decision. This is clearly an area to watch. Interim conferences are commonly used in most divisions to clarify issues early on, but Düsseldorf often dispenses with them to save time. In practice, interim conferences can be very helpful for narrowing down the issues, though parties should not expect to be able to predict the final decision from what is discussed there. Sometimes topics that dominate the interim conference play little or no role in the main oral hearing. A Front-Loaded System and Typical Strategic Mistakes UPC proceedings are highly front-loaded and very fast. A defendant usually has three months from service of the statement of claim to file a full statement of defence and any counterclaim for revocation. This is manageable, but only if the time is used wisely. One common strategic problem is that parties lose time at the beginning and only develop a clear strategy late in the three-month period. According to Prof. Hüttermann, it is crucial to have a firm strategy within the first two or three weeks and then execute it consistently. Constantly changing direction is a recipe for failure in such a compressed system. Another characteristic is the strict attitude towards late-filed material. It is difficult to introduce new documents or new inventive-step attacks later in the procedure. In some cases even alternative combinations of already-filed prior-art documents have been viewed as “new” attacks and rejected as late. At the appeal stage, the Court of Appeal has even considered new arguments based on different parts of a book already in the file as potentially late-filed. This does not mean that parties should flood the court with dozens of alternative attacks in the initial brief. In one revocation action, a plaintiff filed about fifty different inventive-step attacks, only to be told by the court that this was not acceptable and that the attacks had to be reduced and structured. The UPC is not a body conducting ex officio examination. It is entitled to manage the case actively and to ask parties to focus on the most relevant issues. Evidence Gathering, Protective Letters and the Defendant's Perspective The UPC provides powerful tools for both sides. Evidence inspection is becoming more common, not only at trade fairs but also at company premises. This can be a valuable tool for patentees, but it also poses a serious risk for defendants who may suddenly face court-ordered inspections. From the perspective of potential defendants, protective letters are an important instrument, especially in divisions like Düsseldorf where ex parte PIs are possible. A well-written protective letter, filed in advance, can significantly reduce the risk of a surprise injunction. The court fees are moderate, but the content of the protective letter must be carefully prepared; a poor submission can cause more harm than good. Despite the strong tools available to patentees, Prof. Hüttermann does not view the UPC as unfair to defendants. If a defendant files a solid revocation counterclaim, the pressure shifts to the patentee, who then has only two months to reply, prepare all auxiliary requests and adapt the enforcement strategy. This is even more demanding than at the EPO, because the patentee must not only respond to validity attacks but also ensure that any amended claims still capture the allegedly infringing product. It is entirely possible to secure the survival of a patent with an auxiliary request that no longer covers the defendant's product. In that scenario, the patentee has “won” on validity but lost the infringement case. Managing this tension under tight time limits is a key challenge of UPC practice. The Future Role of the UPC and How to Prepare Today the UPC hears a few hundred cases per year, compared with several thousand patent cases in the US and tens of thousands in China. Nevertheless, both the court itself and experienced practitioners see significant growth potential. Prof. Hüttermann expects case numbers to multiply in the medium term. Whether the UPC will become the first choice forum in global disputes or remain one pillar in parallel proceedings alongside the US and China will depend on the strategies of large patentees and the evolution of case law. However, the court is well equipped: it covers a large, economically important territory, is comparatively cost-effective and offers fast procedures with robust remedies. For companies that may end up before the UPC, preparation is essential. On the offensive side, that means building strong evidence and legal arguments before filing, being ready to proceed quickly and structured, and understanding the specific styles of the relevant divisions. On the defensive side, it may mean filing protective letters in risk-exposed markets, preparing internal processes for rapid reaction if a statement of claim arrives, and taking inspection requests seriously. Conclusion The Unified Patent Court has quickly moved from theory to practice. It offers pan-European relief, fast and front-loaded procedures, and a substantive approach that closely mirrors the EPO's case law. At the same time, national and EU-level developments like the Bosch Siemens Hausgeräte v. Electrolux decision are reshaping the jurisdictional framework in which the UPC operates, opening the door for far-reaching cross-border injunctions. For patent owners and potential defendants alike, the message is clear: the UPC is here to stay and will become more important year by year. Those who invest the time to understand its dynamics now – including its alignment with the EPO, the differences between divisions, and the strategic implications of its procedures – will be in a much better position when the first UPC dispute lands on their desk. Here is the full transcript of the interview: Rolf Claessen:Today's interview guest is Prof. Aloys Hüttermann. He is founder and equity partner of my firm, Michalski · Hüttermann & Partner. More importantly for today's interview, he has written several books about the Unified Patent Court. The first one already came out in 2016. He is co-editor and author of one of the leading commentaries on the UPC and has gained substantial experience in UPC cases so far – one of them even together with me. Thank you very much for being on IP Fridays again, Aloys. Aloys Hüttermann:Thank you for inviting me, it's an honour. How did you get so deeply involved in the UPC? Rolf Claessen:Before we dive into the details, how did you end up so deeply involved in the Unified Patent Court? And what personally fascinates you about this court? Aloys Hüttermann:This goes back quite a while – roughly 13 years. At that time it became clear that, after several failed attempts, Europe would really get a pan-European court and a pan-European patent, and that this time it was serious. I thought: this is going to be the future. That interested me a lot, both intellectually and practically. A completely new system was being built. You could watch how it evolved – and, if possible, even help shape it a bit. It was also obvious to me that this would be a complete game changer. Nobody expected that it would take until 2023 before the system actually started operating, but now it is here. I became heavily interested early on. As you mentioned, my first book on the UPC was published in 2016, in the expectation that the system would start soon. It took a bit longer, but now we finally have it. UPC vs. US and China – speed, cost and impact Rolf Claessen:Before we go deeper into the UPC, let's zoom out. If you compare litigation before the UPC with patent litigation in the US and in China – in terms of speed, cost and the impact of decisions – what are the key differences that a business leader should understand? Aloys Hüttermann:If you look at the three big regions – the UPC territory in Europe, the US and China – these are the major economic areas for many technology companies. One important point is territorial reach. In the UPC, if the conditions are met, you can get pan-European injunctions that cover many EU Member States in one go. We will talk about this later in more detail. On costs there is a huge difference between the US and the UPC. The UPC is much cheaper than US litigation, especially once you look at the number of countries you can cover with one case if the patent has been validated widely. China is different again. The number of patent infringement cases there is enormous. I have seen statistics of around 40,000 infringement cases per year in China. That is huge – compared with roughly 164 UPC infringement cases in the first year and maybe around 200 in the current year. On speed, Chinese courts are known to be very fast. You often get a first-instance decision in about a year. The UPC is comparable: if there is a counterclaim for revocation, you are looking at something like 12 to 15 months for a first-instance decision. The US can be slower, and the procedure is very different. You have full discovery, you may have juries. None of that exists at the UPC. From that perspective, Chinese and UPC proceedings are more similar to each other than either is to the US. The UPC is still a young court. We have to see how influential its case law will be worldwide in the long run. What we already see, at least in Germany, is a clear trend away from purely national patent litigation and towards the UPC. That is inside Europe. The global impact will develop over time. When is the UPC the most powerful tool? Rolf Claessen:Let's take the perspective of a global company. It has significant sales in Europe and in the US and production or key suppliers in China. In which situations would you say the UPC is your most powerful tool? And when might the US or China be the more strategic battleground? Aloys Hüttermann:To be honest, I would almost always consider bringing a case before the UPC. The “bang for the buck” is very good. The UPC is rather fast. That alone already gives you leverage in negotiations. The threat of a quick, wide-reaching injunction is a strong negotiation tool. Whether you litigate in the US instead of the UPC, or in addition, or whether you also go to China – that depends heavily on the individual case: where the products are sold, where the key markets are, where the defendant has assets, and so on. But in my view, once you have substantial sales in Europe, you should seriously consider the UPC. And for that reason alone I expect case numbers at the UPC to increase significantly in the coming years. A landmark UPC case: Syngenta vs. Sumitomo (composition patent) Rolf Claessen:You have already been involved in several UPC cases – and one of them together with me, which was great fun. Looking at the last 12 to 18 months, is there a case, decision or development that you find particularly noteworthy – something that really changed how you think about UPC litigation or how companies should prepare? Aloys Hüttermann:The most important UPC case I have been involved in so far is the Syngenta v. Sumitomo case on a composition patent. It has become a real landmark and was even mentioned in the UPC's annual report. It is important for several reasons. First, it was one of the first cases in which the Court of Appeal said very clearly: if you have established infringement in one Member State, that will usually be enough for a pan-European injunction covering all UPC countries designated by the patent. That is a powerful statement about the reach of UPC relief. Second, the facts were interesting. The patent concerned a composition. We had analysed a sample that had been obtained in the Czech Republic, which is not a UPC country. Later, the same product was marketed under the same name in Bulgaria, which is in the UPC. The question was whether the analysis of the Czech sample could be used as a basis for enforcement in Bulgaria. The Court of Appeal said yes, that was sufficient. Third, the Court of Appeal took the opportunity to say something about inventive step. It more or less confirmed that the UPC's approach is very close to the EPO's problem-solution approach. It emphasised that, if you want to combine prior-art documents, you need a “pointer” to do so. The mere theoretical possibility that a skilled person could dig a particular piece of information out of a document is not enough. For me personally, the most memorable aspect of this case was not the outcome – that was largely in line with what we had expected – but the oral hearings at the appeal stage. We had two hearings. In both, the presiding judge asked us a question that we had not anticipated at all. And then you have about 20 minutes to come up with a convincing answer while the hearing continues. We managed it, but it made me think a lot about how you should prepare for oral hearings at the UPC. My conclusion is: you should go in with a team, but not too big. In German we say, “Zu viele Köche verderben den Brei” – too many cooks spoil the broth. Two or three people seems ideal. One of them can work quietly on such a surprise question at the side, while the others continue arguing the case. In the end the case went very well for us, so I can speak about it quite calmly now. But in the moment your heart rate definitely goes up. The CJEU's Bosch Siemens Hausgeräte v. Electrolux decision – a real game changer Rolf Claessen:You also mentioned another development that is not even a UPC case, but still very important for European patent litigation. Aloys Hüttermann:Yes. In my view, the most important case of the last twelve months is not a UPC decision but a judgment of the Court of Justice of the EU (CJEU): Bosch Siemens Hausgeräte v. Electrolux. This is going to be a real game changer for European IP law, and I am sure we have not seen the end of its effects yet. One example: someone has recently sued BMW before the Landgericht München I, a German court, for infringement of a US patent based on acts in the US. The argument is that this could be backed by the logic of Bosch Siemens Hausgeräte v. Electrolux. We do not know yet what the court will do with that, but the fact that people are trying this shows how far-reaching the decision might be. Within the UPC we have already seen injunctions being issued for countries outside the UPC territory and even outside the EU, for example including the UK. So you see how these developments start to interact. Rolf Claessen:For listeners who have not followed the case so closely: in very simple terms, the CJEU opened the door for courts in one EU country to rule on patent infringement that took place in other countries as well, right? Aloys Hüttermann:Exactly. Before Bosch Siemens Hausgeräte v. Electrolux we had what was often called the GAT/LuK regime. The basic idea was: if you sue someone in, say, Germany for infringement of a European patent, and you also ask for an injunction for France, and the defendant then challenges the validity of the patent in France, the German court cannot grant you an injunction covering France. The Bosch decision changed that. The legal basis is the Brussels I Recast Regulation (Brussels Ia), which deals with jurisdiction in civil and commercial matters in the EU. It is not specific to IP; it applies to civil cases generally, but it does have some provisions that are relevant for patents. In Bosch, a Swedish court asked the CJEU for guidance on cross-border injunctions. The CJEU more or less overturned its old GAT/LuK case law. Now, in principle, if the defendant is domiciled in a particular Member State, the courts of that state can also grant cross-border relief for other countries, under certain conditions. We will not go into all the details here – that could fill a whole separate IP Fridays episode – but one important concept is the “anchor defendant”. If you sue a group of companies and at least one defendant is domiciled in the forum state, then other group companies in other countries – even outside the EU, for example in Hong Kong – can be drawn into the case and affected by the decision. This is not limited to the UPC, but of course it is highly relevant for UPC litigation. Statistically it increases the chances that at least one defendant will be domiciled in a UPC country, simply because there are many of them. And we have already seen courts like the Landgericht München I grant pan-European injunctions for around 20 countries in a pharmaceutical case. Rolf Claessen:Just to clarify: does it have to be the headquarters of the defendant in that country, or is any registered office enough? Aloys Hüttermann:That is one of the open points. If the headquarters are in Europe, then it is clear that subsidiaries outside Europe can be affected as well. If the group's headquarters are outside Europe and only a subsidiary is here, the situation is less clear and we will have to see what the courts make of it. Does the UPC follow EPO case law? Rolf Claessen:Many patent owners and in-house counsel wonder: does the UPC largely follow the case law of the EPO Boards of Appeal, or is it starting to develop its own distinct line? What is your impression so far – both on substantive issues like novelty and inventive step, and on procedural questions? Aloys Hüttermann:On procedure the UPC is, of course, very different. It has its own procedural rules and they are not the same as at the EPO. If we look at patent validity, however, my impression is that there is “nothing new under the sun” – that was the title of a recent talk I gave and will give again in Hamburg. Substantively, the case law of the UPC and the EPO is very similar. For inventive step, people sometimes say the UPC does not use the classical problem-solution approach but a more “holistic” approach – whatever that is supposed to mean. In practice, in both systems you read and interpret prior-art documents and decide what they really disclose. In my view, the “error bar” that comes from two courts simply reading a document slightly differently is much larger than any systematic difference in legal approach. If you look at other grounds, such as novelty and added matter, the UPC even follows the EPO almost verbatim. The famous “gold standard” for added matter appears all over UPC decisions, even if the EPO case numbers are not always cited. The same is true for novelty. So the rule-based, almost “Hilbertian” EPO approach is very much present at the UPC. There is also a structural reason for that. All patents that the UPC currently deals with have been granted by the EPO. The UPC does not handle patents granted only by national offices. If the UPC wanted to deviate from EPO case law and be more generous, then many patents would never reach the UPC in the first place. The most generous approach you can have is the one used by the granting authority – the EPO. So if the UPC wants to be different, it can only be stricter, not more lenient. And there is little incentive to be systematically stricter, because that would reduce the number of patents that are attractive to enforce before the UPC. Patent owners might simply opt out. Rolf Claessen:We also talked about added matter and a recent case where the Court of Appeal was even stricter than the EPO. That probably gives US patent practitioners a massive headache. They already struggle with added-matter rules in Europe, and now the UPC might be even tougher. Aloys Hüttermann:Yes, especially on added matter. I once spoke with a US practitioner who said, “We hope the UPC will move away from intermediate generalisations.” There is no chance of that. We already have cases where the Court of Appeal confirmed that intermediate generalisations are not allowed, in full alignment with the EPO. You mentioned a recent case where a patent was revoked for added matter, even though it had been granted by the EPO in exactly that form. This shows quite nicely what to expect. If you want to predict how the UPC will handle a revocation action, the best starting point is to ask: “What would the EPO do?” Of course, there will still be cases where the UPC finds an invention to be inventive while the EPO, in parallel opposition proceedings, does not – or vice versa. But those are differences in the appreciation of the facts and the prior art, which you will always have. The underlying legal approach is essentially the same. Rolf Claessen:So you do not see a real example yet where the UPC has taken a totally different route from the EPO on validity? Aloys Hüttermann:No, not really. If I had to estimate how the UPC will decide, I would always start from what I think the EPO would have done. Trends in UPC practice: PIs, equivalents, interim conferences Rolf Claessen:If you look across the different UPC divisions and cases: what trends do you see in practice? For example regarding timelines, preliminary injunctions, how validity attacks are handled, and how UPC cases interact with EPO oppositions or national proceedings? Aloys Hüttermann:If you take the most active divisions – essentially the big four in Germany and the local division in The Hague – they all try to be very careful and diligent in their decisions. But you can already see some differences in practice. For preliminary injunctions there is a clear distinction between the local division in Düsseldorf and most other divisions. Düsseldorf considers one month after knowledge of the infringement as still sufficiently urgent. If you wait longer, it is usually considered too late. In many other divisions, two months is still viewed as fine. Düsseldorf has also been the division that issued most of the ex parte preliminary injunctions so far. Apart from one special outlier where a standing judge from Brussels was temporarily sitting in Milan, Düsseldorf is basically the only one. Other divisions have been much more reluctant. At a conference, Judge Pichlmaier from the Munich division once said that he could hardly imagine a situation where his division would grant an ex parte PI. In his words, the UPC has two types of procedure: one that is fast – the normal main action – and one that is very fast – the inter partes PI procedure. But you do not really have an “ultra-fast” ex parte track, at least not in his division. Another difference relates to amendments and auxiliary requests in PI proceedings. In one recent case in Munich the court said more or less that if you have to amend your patent or rely on auxiliary requests in a PI, you lose. Other divisions have been more flexible and have allowed auxiliary requests. Equivalence is another area where we do not have a unified line yet. So far, only the Hague division has clearly found infringement under the doctrine of equivalents and explicitly used a test taken from Dutch law. Whether that test will be approved by the Court of Appeal is completely open – the first case settled, so the Court of Appeal never ruled on it, and a second one is still very recent. Interestingly, there was another Hague decision a few weeks ago where equivalence was on the table, but the division did not apply that Dutch-law test. We do not know yet why. The Mannheim division has written in one decision that it would be desirable to develop an autonomous pan-European test for equivalence, instead of just importing the German, UK or Dutch criteria. But they did not formulate such a test in that case because it was not necessary for the decision. So we will have to see how that evolves. On timelines, one practical difference is that Düsseldorf usually does not hold an interim conference. That saves them some time. Most other divisions do hold interim conferences. Personally, I like the idea because it can help clarify issues. But you cannot safely read the final outcome from these conferences. I have also seen cases where questions raised at the interim conference did not play any role in the main oral hearing. So they are useful for clarification, but not as a crystal ball. Front-loaded proceedings and typical strategic mistakes Rolf Claessen:If you look at the behaviour of parties so far – both patentees and defendants – what are the most common strategic mistakes you see in UPC litigation? And what would a well-prepared company do differently before the first statement of claim is ever filed? Aloys Hüttermann:You know you do not really want me to answer that question… Rolf Claessen:I do! Aloys Hüttermann:All right. The biggest mistake, of course, is that they do not hire me. That is the main problem. Seriously, it is difficult to judge parties' behaviour from the outside. You rarely know the full picture. There may be national proceedings, licensing discussions, settlement talks, and so on in the background. That can limit what a party can do at the UPC. So instead of criticising, I prefer to say what is a good idea at the UPC. The system is very front-loaded and very fast. If you are sued, you have three months to file your statement of defence and your counterclaim for revocation. In my view, three months are manageable – but only if you use the time wisely and do not waste it on things that are not essential. If you receive a statement of claim, you have to act immediately. You should have a clear strategy within maybe two or three weeks and then implement it. If you change your strategy every few weeks, chances are high that you will fail. Another point is that everything is front-loaded. It is very hard to introduce new documents or new attacks later. Some divisions have been a bit generous in individual cases, but the general line is strict. We have seen, for example, that even if you filed a book in first instance, you may not be allowed to rely on a different chapter from the same book for a new inventive-step attack at the appeal stage. That can be regarded as late-filed, because you could have done it earlier. There is also case law saying that if you first argue inventive step as “D1 plus D2”, and later want to argue “D2 plus D1”, that can already be considered a new, late attack. On the other hand, we had a revocation action where the plaintiff filed about 50 different inventive-step attacks in the initial brief. The division then said: this does not work. Please cut them down or put them in a clear hierarchy. In the end, not all of them were considered. The UPC does not conduct an ex officio examination. It is entitled to manage the case and to tell the parties to limit themselves in the interest of a fair and efficient procedure. Rolf Claessen:I have the feeling that the EPO is also becoming more front-loaded – if you want to rely on documents later, you should file them early. But it sounds like the UPC is even more extreme in that regard. Aloys Hüttermann:Yes, that is true. Protective letters, inspections and the defendant's perspective Rolf Claessen:Suppose someone from a company is listening now and thinks: “We might be exposed at the UPC,” or, “We should maybe use the UPC offensively against competitors.” What would you consider sensible first steps before any concrete dispute arises? And looking three to five years ahead, how central do you expect the UPC to become in global patent litigation compared to the US and China? Aloys Hüttermann:Let me start with the second part. I expect the UPC to become significantly more important. If we have around 200 cases this year, that is a good start, but it is still very small compared to, say, 4,000 to 5,000 patent cases per year in the US and 40,000 or so in China. Even François Bürgin and Klaus Grabinski, in interviews, have said that they are happy with the case load, but the potential is much larger. In my view, it is almost inevitable that we will see four or five times as many UPC cases in the not-too-distant future. As numbers grow, the influence of the UPC will grow as well. Whether, in five or ten years, companies will treat the UPC as their first choice forum – or whether they will usually run it in parallel with US litigation in major disputes – remains to be seen. The UPC would be well equipped for that: the territory it covers is large, Europe is still an important economy, and the UPC procedure is very attractive from a company's perspective. On sensible first steps: if you are worried about being sued, a protective letter can make a lot of sense – especially in divisions like Düsseldorf, where ex parte PIs are possible in principle. A protective letter is not very expensive in terms of court fees. There is also an internal system that ensures the court reads it before deciding on urgent measures. Of course, the content must have a certain quality; a poor protective letter can even backfire. If you are planning to sue someone before the UPC, you should be extremely well prepared when you file. You should already have all important documents and evidence at hand. As we discussed, it is hard to introduce new material later. One tool that is becoming more and more popular is inspection – not just at trade fairs, where we already saw cases very early, but also at company premises. Our firm has already handled such an inspection case. That is something you should keep in mind on both sides: it is a powerful evidence-gathering tool, but also a serious risk if you are on the receiving end. From the defendant's perspective, I do not think the UPC is unfair. If you do your job properly and put a solid revocation counterclaim on the table, then the patentee has only two months to prepare a full reply and all auxiliary requests. And there is a twist that makes life even harder for the patentee than at the EPO. At the EPO the question is mainly: do my auxiliary requests overcome the objections and are they patentable? At the UPC there is an additional layer: do I still have infringement under the amended claims? You may save your patent with an auxiliary request that no longer reads on the defendant's product. That is great for validity, but you have just lost the infringement case. You have kept the patent but lost the battle. And all of this under very tight time limits. That creates considerable pressure on both sides. How to contact Prof. Hüttermann Rolf Claessen:Thank you very much for this really great interview, Aloys. Inside our firm you have a nickname: “the walking encyclopedia of the Unified Patent Court” – because you have written so many books about it and have dealt with the UPC for such a long time. What is the best way for listeners to get in touch with you? Aloys Hüttermann:The easiest way is by email. You can simply write to me, and that is usually the best way to contact me. As you may have noticed, I also like to speak. I am a frequent speaker at conferences. If you happen to be at one of the conferences where I am on the programme – for example, next week in Hamburg – feel free to come up to me and ask me anything in person. But email is probably the most reliable first step. Rolf Claessen:Perfect. Thank you very much, Aloys. Aloys Hüttermann:Thank you. It was a pleasure to be on IP Fridays again. Some of your long-time listeners may remember that a few years ago – when you were not yet part of our firm – we already did an episode on the UPC, back when everything was still very speculative. It is great to be back now that the system is actually in place and working. Rolf Claessen:I am very happy to have you back on the show.

    Interview With Wole Araromi About the Registration and Enforcement of Trademarks in Nigeria – the Future of the PTAB in the US – UPC Anti-Interim-License Injunction – Personal Liability on Patent Infringement Cases – Episode 168 &

    Play Episode Listen Later Oct 31, 2025 24:12


    I am Rolf Claessen and you are listening to episode 168 of our podcast IP Fridays! My co-host Ken Suzan has interviewed Wole Araromi about the registration and enforcement of trademarks in Nigeria. But before we jump into this great interview, I have news for you: The U.S. patent system is currently undergoing significant changes. […]

    Interview With Prof. Karsten Lemmer – German Aerospace Center DLR – Licensing, Startups and IP Strategy For a Large Research Institution in Germany – IP Fridays – Episode 167

    Play Episode Listen Later Sep 27, 2025 26:30


    Interview with Prof. Karsten Lemmer, Executive Board Member of the German Aerospace Center DLR responsible for ‘Innovation, Transfer and Research Infrastructure'. ECJ strengthens enforcement of national trademarks across borders: In its ruling C-76/24, the ECJ clarified that trademark owners can also take action against trademark-infringing goods if these are located in another member state—provided that […]

    Update UK Trademark Caselaw – Doctrine of Postsale Confusion – Interview With Joshua Cunnington – Lutnick Suggests 5% Patent-Value Fee – UPC Court of Appeal Does Not Endorse Referral to the CJEU – IP Fridays Podcast – E

    Play Episode Listen Later Aug 29, 2025 24:38


    I am Rolf Claessen and my Co-Host Ken Suzan and I are welcoming you to episode 166 of the IP Fridays Podcast. Today's interview guest is Joshua Cunnington, who is Managing Associate at Stephenson Harwood in the UK. My Co-Host Ken Suzan talks with him about an update on Trademark Caselaw in the UK, e.g. […]

    Interview With J. Christian Wichard, Deputy Director General at the German Federal Ministry of Justice and Consumer Protection in Germany – History of the Unified Patent Court (UPC) – Important Changes in IP Law in Europe – the EU IP Ref

    Play Episode Listen Later Jul 25, 2025 46:49


    I am Rolf Claessen and my co-host Ken Suzan and I are welcoming you to episode 165 of our IP Fridays podcast! Today's interview guest is Christian Wichard, who is the Deputy Director General of at the Federal Ministry of Justice and Consumer Protection and he has been doing that for about 14 years, with […]

    AI Tools For IP Lawyers – Cost Savings – Real World Examples – Human Oversight – Interview With Arthur Rothrock and Nicholas Sarokhanian – EPO Enlarged Board of Appeal Decision G1/24 Regarding Patent Claims – USPTO Disc

    Play Episode Listen Later Jun 27, 2025 35:35


    I am Rolf Claessen and my co-host Ken Suzan and I are welcoming you to episode 164 of our podcast IP Fridays! Today's interview guests are Arthur Rothrock and Nicholas Sarokhanian. My co-host Ken Suzan talks with them about AI tools for IP lawyers. Arthur Rothrock https://www.linkedin.com/in/rothrocka/ Nicholas Sarokhanian https://btlaw.com/en/people/nicholas-sarokhanian Before we jump into the […]

    Interview with Lucy Wojcik, Chief Intellectual Property Counsel at OCADO GROUP – Cross-Border Patent Litigation – In-House Organization of IP Teams – Agile IP – IP Fridays Podcast – Episode 163

    Play Episode Listen Later May 30, 2025 46:19


    My Co-Host Ken Suzan and I are welcoming you to episode 163 of our podcast IP Fridays! Today's interview guest is Lucy Wojcik, who is Chief Intellectual Property Counsel at OCADO GROUP PLC, and we talk about cross-border patent litigation, in-house organization of IP teams, agile IP and much more! Lucy has just been inducted […]

    Bequeathing Bitcoin – What Happens to Bitcoin After Death – Interview With Debbie Hoffman and Anna Mouland – UPC Decisions About Anti-Anti-Suit Injunctions – Podcast IP Fridays – Episode 162

    Play Episode Listen Later Apr 25, 2025 32:19


    My co-host Ken Suzan and I are welcoming you to episode 162 of our podcast IP Fridays! Today's interview guests are Debbie Hoffman and Anna Mouland and my co-host Ken Suzan talks with them about bequeathing bitcoin, so what happens to cryptocurrency after death? “Bequeathing Bitcoin, Storing and Transferring Cryptocurrency Upon Death” published in the […]

    Interview With António Campinos, President of the European Patent Office – Draghi Report – Unified Patent Court – Patent Quality – Challenges – IP Fridays Podcast – Episode 161

    Play Episode Listen Later Mar 28, 2025 39:18


    I am Rolf Claessen and my co-host Ken Suzan and I are welcoming you to episode 161 of our podcast IP Fridays! Today's guest is António Campinos, who is the president of the European Patent Office. We talk about the Draghi report, patent quality, the Unified Patent Court, AI, validation in non-European countries and many […]

    Interview with James E. Malackowski, the Founder of Ocean Tomo – Patent Auctions, Managing Patent Portfolios, Blockchain in the Field of IP, the Market For Data Rights – IP Fridays – Episode 160

    Play Episode Listen Later Jan 31, 2025 36:05


    My co-host Ken Suzan and I are welcoming you to episode 160 of the IP Fridays podcast! Today`s interview guest is James E. Malackowski, the founder of Ocean Tomo, in my view the first successful patent auction venue. We talk about monetization and auctioning patents, use of blockchain technology for IP and especially for licensing, […]

    Update on IP Laws in Argentina – Interview With Ricardo E. Amigo – the Patagonia Issue – Changes in the Opposition Procedure – Publication of the Book “Marken. Recht. Einfach.” – Happy Holidays! – Episode 15

    Play Episode Listen Later Dec 20, 2024 30:52


    My co-host Ken Suzan and I are welcoming you to the last edition #159 of IP Fridays in the year 2024 before the holiday season. We wish you all happy holidays and a successful year 2025! Our interview guest Ricardo Amigo is an IP lawyer in Argentina and will give us an update of the […]

    Key Insights on IP Management – Interview with Prof. Dr. Martin Bader – Black Friday Trademarks – Trump Guitars vs. Gibson Les Paul – IP Fridays – Episode 158

    Play Episode Listen Later Nov 29, 2024 44:03


    You can find the profile of Prof. Martin Bader here: https://www.thi.de/en/persons/prof-dr-oec-hsg-martin-bader My co-host Ken Suzan and I are welcoming you to episode 158 of IP Fridays. Today's interview guest is Prof. Martin Bader. In my view, he is THE expert when it comes to IP management and in particular patent management. He is consulting some […]

    Interview With Joan Kowalski, President of Bob Ross, Inc. – Protection and Enforcement of the Rights of the Famous Painter Bob Ross . Podcast Episode 157 – IP Fridays

    Play Episode Listen Later Oct 25, 2024 32:29


    https://www.bobross.com The iconic artist Bob Ross, known for his gentle demeanor and captivating landscapes, continues to inspire millions around the world. Behind the scenes, a dedicated team works tirelessly to protect his legacy and intellectual property (IP). In a recent interview on the IP Friday's podcast, Joan Kowalski, President of Bob Ross, Inc., shed light […]

    Interview With Myrtha Hurtado Rivas – General Counsel Brands and Marketing Properties, Anti-Counterfeiting & Licensing at Nestlé – Brand Restrictions, AI Tools Like NES GPT, Fight Against Counterfeit Goods – IP Fridays – Epis

    Play Episode Listen Later Sep 27, 2024 37:34


    Navigating Brand Restrictions, Sustainability, AI, and Anti-Counterfeiting with Myrtha Hurtado Rivas of Nestlé On this episode of IP Fridays, I had the pleasure of interviewing Myrtha Hurtado Rivas, the General Counsel for Brands, Marketing Properties, Licensing, and Anti-Counterfeiting at Nestlé. Our conversation delved into several pressing issues in the field of intellectual property (IP), including […]

    Virtual Patent Marking – Patent Damages – Interview with Tina Dorr and Loretta Freeman – Amazon Patent Evaluation Express (APEX) Program – IP Fridays – Episode 155

    Play Episode Listen Later Aug 30, 2024 33:23


    Bio of Tina Dorr Bio of Loretta Freeman In the latest episode of the IP Friday's podcast, hosts Kenneth Suzan spoke with two distinguished intellectual property (IP) attorneys, Tina Dorr and Loretta Freeman, from Barnes and Thornburg LLP. The discussion provided valuable insights into patent law, focusing on the career paths of the guests, patent […]

    The STOPfakes Program of the International Trade Administration (ITA) – Interview With Michelle Sara King – Helping Businesses and Consumers to Deal With Fakes – Episode 154 – IP Fridays

    Play Episode Listen Later Jul 26, 2024 20:11 Transcription Available


    STOPfakes.gov Information pages of the German Patent and Trademark Office for SMEs Summary and Main Takeaways Episode Overview: This episode features an interview with Michelle Sara King, the intellectual property team lead and senior international trade specialist at the International Trade Administration in the U.S. Department of Commerce. The discussion centers on her role, the […]

    Experience With US Customs (CBP) – E-Commerce and the De Minimis Rule For Counterfeit Goods – MOU With US Chamber – Interview With Angelo Mazza – IP Fridays – Episode 153

    Play Episode Listen Later Jun 29, 2024 30:13


    Profile of Angelo Mazza Summary of the Most Important Points Full Transcript Introduction: Our guest today on the IP Friday's podcast is Angelo Mazza. Angelo is a partner with the law firm, Gibney Anthony and Flaherty, LLP, located in New York City. Angelo counsels clients in developing brand protection and enforcement strategies and works extensively […]

    Interview With João Negrão – Executive Director of the EUIPO – New Patent Activities at the EUIPO – DesignEuropa Award – EUIPO Strategic Plan – Mediation Center – Short Report From the INTA Annual Meeting in Atlanta &

    Play Episode Listen Later May 31, 2024 45:13


    In this interview with Rolf Claessen on the IP Fridays podcast, João Negrão, the executive director of the EUIPO, discussed the office's recent developments and future plans. Negrão highlighted the conclusion of the consultation phase for the EUIPO's 2023 Strategic Plan, emphasizing key areas such as financial sustainability, efficiency, effectiveness, and the integration of emerging […]

    Register For the 10th Anniversary Celebration of IP Fridays!

    Play Episode Listen Later May 9, 2024 0:49


    Meet us for the 10th Anniversary in Atlanta in the 20th May 2024 at 6 pm! We only give away 20 tickets so it will be a very exclusive event! Reserve your ticket here! https://ipfridays.com/meetup

    Changes for Patents and Trademarks in Taiwan – Interview With George J.H. Huang, Sandy Huang and Zoe Kwong – 10th Anniversary of IP Fridays – Meet Us in Atlanta – Episode 151 – IP Fridays

    Play Episode Listen Later Apr 26, 2024 21:58


    We are celebrating the 10th birthday of our podcast IP Fridays! Join us in Atlanta on Monday evening, the 20th May 2024 and meet us in person! Details will be posted on our website ipfridays.com and on social media!  We had started the podcast at the 2014 INTA Annual Meeting in Hongkong so we thought […]

    Interview with Vice President and Head of Global Litigation and Disputes at Nokia Clemens Heusch – Patent Battle Nokia vs. Oppo – Unified Patent Court – Standard Essential Patents at the EUIPO – Episode 150 – IP Fridays

    Play Episode Listen Later Mar 29, 2024 25:25


    Interview with Vice President and Head of Global Litigation and Disputes at Nokia Clemens Heusch – Patent Battle Nokia vs. Oppo – Unified Patent Court – Standard Essential Patents at the EUIPO – Episode 150 – IP Fridays

    Challenges Enforcing Trademarks Online and Cybersquatting – Interview with Celeste Butera – UPC Caseload – USPTO AI Guidance – IP Fridays – Episode 149

    Play Episode Listen Later Feb 23, 2024 24:44


    Challenges Enforcing Trademarks Online and Cybersquatting – Interview with Celeste Butera – UPC Caseload – USPTO AI Guidance – IP Fridays – Episode 149 Celeste Butera Profile

    Interview With the Very Busy UPC Judge András Kupecz – Get the Perspective of a Judge at the Unified Patent Court – EU Lawmakers Vote for Rules Setting Up a Body at the EUIPO To Set SEP Royalty Rates – IP

    Play Episode Listen Later Jan 26, 2024 29:14


    Interview with a Very Busy UPC Judge - Get the Perspective of a Judge at the Unified Patent Court

    Interview With Steven Adkins – Using the ITC to Your Advantage – Section 337 Investigations – UPC Statistics – Episode 147 – IP Fridays

    Play Episode Listen Later Dec 29, 2023 33:14


    Interview With Steven Adkins - Using the ITC to Your Advantage - Section 337 Investigations - UPC Statistics - Episode 147 - IP Fridays

    Interview With Mark Vallone – Chief Patent Counsel Americas of IBM – Patent Strategy – UPC – AI as an Inventor – Lessons Learned – Challenges – IP Fridays Podcast – Episode 146

    Play Episode Listen Later Dec 1, 2023 31:25


    Interview With Mark Vallone – Chief Patent Counsel of IBM Americas – Patent Strategy – UPC – AI as an Inventor – Lessons Learned – Challenges – IP Fridays Podcast – Episode 146

    Interview With Jeff Kitchaven About Mediation in Intellectual Property – Trademarks YEWS of Kanye West – Decisions G1/22 and G2/22 of the EBA of the EPO – Trademarks for Virtual Goods Shot Down by the EUIPO – IP Fridays – Epi

    Play Episode Listen Later Oct 27, 2023 30:26


    Interview With Jeff Kitchaven About Mediation in Intellectual Property – Trademarks YEWS of Kanye West – Decisions G1/22 and G2/22 of the EBA of the EPO – Trademarks for Virtual Goods Shot Down by the EUIPO – IP Fridays – Episode 145 You can find out more about Jeff Kichaven of Jeff Kichaven Commercial Mediation […]

    Interview With Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Kathi Vidal – Challenges in the IP World – IP Fridays – Episode 144

    Play Episode Listen Later Sep 29, 2023 24:46


    Interview With Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Kathi Vidal – IP Fridays – Episode 144

    Interview with Former USPTO Director David Kappos – Patent Eligibility – Addressing Arguments of Patent Critics – The EUIPO Moving Into Patents – Episode 143 – IP Fridays

    Play Episode Listen Later Aug 25, 2023 52:01


    Interview with Former USPTO Director David Kappos – Patent Eligibility – Addressing Arguments of Patent Critics – The EUIPO Moving Into Patents – Episode 143 – IP Fridays

    Interview with Michael Atleson of the FTC About Potential Online Harms Using AI and by Misleading Online Activities – Patent Quality at the EPO – Statistics of the UPC – Episode 142 – Podcast IP Fridays

    Play Episode Listen Later Jul 28, 2023 28:06


    Interview with Michael Atleson of the FTC About Potential Online Harms Using AI and by Misleading Online Activities – Patent Quality at the EPO – Statistics of the UPC – Episode 142 – Podcast IP Fridays Article by Martin Wilming Productivity vs Quality at the EPO: A rare glimpse behind the curtain that's worrying | […]

    Interview with Klaus Grabinski – President of the Court of Appeal of the Unified Patent Court System – Episode 141 – Podcast IP Fridays

    Play Episode Listen Later May 26, 2023 28:09


    Interview with Klaus Grabinski – President of the Court of Appeal of the Unified Patent Court System – Episode 141 – Podcast IP Fridays

    NFT Trademarks – AI Logo Search – Interview with Matthew Rubin – IP Fridays – Episode 140

    Play Episode Listen Later Apr 28, 2023 25:10


    NFT Trademarks – AI Logo Search – Interview with Matthew Rubin – IP Fridays – Episode 140

    Interview With INTA President Jomarie B. Fredericks – INTA Annual Meeting in Singapore – INTA Goals and Projects This Year – IP Fridays – Episode 139

    Play Episode Listen Later Mar 31, 2023 46:30


    Interview With INTA President Jomarie B. Fredericks – INTA Annual Meeting in Singapore – INTA Goals and Projects This Year – IP Fridays – Episode 139

    Interview with Gabriele Mohsler – VP Patent Development at Ericsson – Industry Patent Quality Charter – Unified Patent Court – Protecting AI Inventions – Patent Pools – SEPs – IP Fridays – Episode 138

    Play Episode Listen Later Feb 24, 2023 31:19


    Interview with Gabriele Mohsler – VP Patent Development at Ericsson – Industry Patent Quality Charter – Unified Patent Court – Protecting AI Inventions – Patent Pools – SEPs – IP Fridays – Episode 138 Linkedin Profile of Gabriele Mohsler Industry Patent Quality Charter

    A Conversation with Daniel A. Scola, Jr. About Practical Trademark Tips and Strategies – Ken and Rolf Attending the INTA Annual Meeting Meet Us There – IP Fridays – Episode 137

    Play Episode Listen Later Jan 28, 2023 27:20


    A Conversation with Daniel A. Scola, Jr. About Practical Trademark Tips and Strategies – Ken and Rolf Attending the INTA Annual Meeting Meet Us There – IP Fridays – Episode 137 Bio of Daniel A. Scola, Jr. LinkedIn

    Interview with Ralf Uhrich – Senior Patent Litigation Counsel of Google Overseeing All Patent Litigation for Google in Europe – USPTO Trademark Rules Update with Stacey Kalamaras – IP Fridays – Episode 136

    Play Episode Listen Later Dec 30, 2022 32:05


    Ralf Uhrich Interview with Ralf Uhrich – Senior Patent Litigation Counsel of Google Overseeing All Patent Litigation for Google in Europe – USPTO Trademark Rules Update with Stacey Kalamaras – IP Fridays – Episode 136 Ralf Uhrich auf Linkedin https://www.linkedin.com/in/ralfuhrich/ USPTO Summary: https://www.uspto.gov/trademarks/laws/2020-modernization-act/new-response-deadline-applications Exam Guide: https://www.uspto.gov/sites/default/files/documents/TM-ExamGuide-2-22.pdf TMA: https://www.federalregister.gov/documents/2022/10/13/2022-22217/changes-to-implement-provisions-of-the-trademark-modernization-act-of-2020-delay-of-effective-date Stacey Kalamaras www.trademarkabilities.com The post Interview with Ralf Uhrich – Senior Patent Litigation Counsel of Google Overseeing All Patent Litigation for Google in Europe – USPTO Trademark Rules Update with Stacey Kalamaras – IP Fridays – Episode 136 first appeared on IP Fridays ®.

    Virtual Patent Marking – Interview With Jim Gastle and Grant Peters – UPC Updates – Episode 135 – IP Fridays

    Play Episode Listen Later Nov 25, 2022 35:38


    Jim Gastle and Grant Peters Virtual Patent Marking – Interview With Jim Gastle and Grant Peters – UPC Updates – Episode 135 – IP Fridays http://docker.kof.ethz.ch:8084/patent-explorer/ Presentation Virtual Patent Marking http://gastle.com/ https://btlaw.com/en/people/grant-peters The post Virtual Patent Marking – Interview With Jim Gastle and Grant Peters – UPC Updates – Episode 135 – IP Fridays first appeared on IP Fridays ®.

    Industry Patent Quality Charter – Interview with Beat Weibel of Siemens – Unified Patent Court Updates – IP Fridays – Episode 134

    Play Episode Listen Later Oct 28, 2022 34:36


    Beat Weibel Industry Patent Quality Charter – Interview with Beat Weibel of Siemens – Unified Patent Court Updates Industry Patent Quality Charter Update: Industry Patent Quality Charter The post Industry Patent Quality Charter – Interview with Beat Weibel of Siemens – Unified Patent Court Updates – IP Fridays – Episode 134 first appeared on IP Fridays ®.

    Interview with Philipp von Kapff – Member of the Boards of Appeal at the EUIPO – Evergreening of Trademarks – Metaverse Trademarks – Scope of an Appeal – Mediation – IP Fridays – Episode 133

    Play Episode Listen Later Sep 30, 2022 50:49 Transcription Available


    Interview with Philipp von Kapff – Member of the Boards of Appeal at the EUIPO – Evergreening of Trademarks – Metaverse Trademarks – Scope of an Appeal – IP Fridays – Episode 133 Linkedin Profile of Philipp von Kapff JULES GENTS (fig.) / Joules (R 1123/2018-1) Decision The book Concise European Trademark Law The post Interview with Philipp von Kapff – Member of the Boards of Appeal at the EUIPO – Evergreening of Trademarks – Metaverse Trademarks – Scope of an Appeal – Mediation – IP Fridays – Episode 133 first appeared on IP Fridays ®.

    Expert Interview on Damages and Royalties with Juli Saitz – EUIPO Initiviative Ideas Powered for Business – Episode 132 of IP Fridays

    Play Episode Listen Later Jul 29, 2022 28:17


    Juli Saitz Expert Interview on Damages and Royalties with Juli Saitz – EUIPO Initiviative Ideas Powered for Business – Episode 132 of IP Fridays Link to the Linkedin Profile of Juli Saitz Lin to Ideas Powered for Business by the EUIPO The post Expert Interview on Damages and Royalties with Juli Saitz – EUIPO Initiviative Ideas Powered for Business – Episode 132 of IP Fridays first appeared on IP Fridays ®.

    The Metaverse and Intellectual Property – Interview with Grant Peters – IP Fridays – Episode 131

    Play Episode Listen Later Jun 25, 2022 33:38


    Grant Peters The Metaverse and Intellectual Property – Interview with Grant Peters – IP Fridays – Episode 131 Find the profile of Grant Peters here The post The Metaverse and Intellectual Property – Interview with Grant Peters – IP Fridays – Episode 131 first appeared on IP Fridays ®.

    Biopirate or Inventor? Interview about the Nagoya Protocol – Implications for Enforcement of Patents and Patentability – Interview with Patent Judge Hubertus Schacht – Episode 130 – IP Fridays

    Play Episode Listen Later May 27, 2022 30:29


    Dr. Hubertus Schacht Interview About the Nagoya Protocol – Implications for Enforcement of Patents and Patentability – Interview with Patent Judge Dr. Hubertus Schacht – Episode 130 – IP Fridays Please note that this interview only reflects the personal views of Dr. Hubertus Schacht and does not represent the legal opinion of the court. Hubertus [...] The post Biopirate or Inventor? Interview about the Nagoya Protocol – Implications for Enforcement of Patents and Patentability – Interview with Patent Judge Hubertus Schacht – Episode 130 – IP Fridays first appeared on IP Fridays ®.

    SPCs for Crop Protection Products – Interview with Filip De Corte – SPCs and the UPC – EPO New Unitary Patent Guide – IP Fridays – Episode 129

    Play Episode Listen Later May 1, 2022 34:26


    Filip De Corte SPCs for Crop Protection Products – Interview with Filip De Corte – SPCs and the UPC – EPO New Unitary Patent Guide – IP Fridays – Episode 129 Linkedin Profile of Filip De Corte Unitary Patent Guide of the EPO The post SPCs for Crop Protection Products – Interview with Filip De Corte – SPCs and the UPC – EPO New Unitary Patent Guide – IP Fridays – Episode 129 first appeared on IP Fridays ®.

    The Unified Patent Court Will Open Doors – Everything You Need to Know – Interview with Aloys Hüttermann – IP Issues in Russia – IP Fridays – Episode 128

    Play Episode Listen Later Mar 24, 2022 40:50


    Prof. Dr. Aloys Hüttermann The Unified Patent Court Will Open Doors – Everything You Need to Know – Interview with Aloys Hüttermann – IP Issues in Russia – IP Fridays – Episode 128 Profile of Prof. Dr. Aloys Hüttermann The post The Unified Patent Court Will Open Doors – Everything You Need to Know – Interview with Aloys Hüttermann – IP Issues in Russia – IP Fridays – Episode 128 first appeared on IP Fridays ®.

    Sound Trademarks – Interview with Jason Blair – China Clash Over Patent Licenses – AI Not Copyright Author – Episode 127 – IP Fridays

    Play Episode Listen Later Feb 25, 2022 36:08


    Jason Blair Sound Trademarks – Interview with Jason Blair – China Clash Over Patent Licenses – AI Not Copyright Author – Episode 127 – IP Fridays The post Sound Trademarks – Interview with Jason Blair – China Clash Over Patent Licenses – AI Not Copyright Author – Episode 127 – IP Fridays first appeared on IP Fridays ®.

    Interview with Beat Weibel – Chief IP Counsel Siemens – Patent Quality – Patent Trolls – Unified Patent Court – Episode 126 – IP Fridays Podcast

    Play Episode Listen Later Jan 28, 2022 49:49


    Beat Weibel Interview with Beat Weibel – Chief IP Counsel Siemens – Patent Quality – Patent Trolls – Unified Patent Court – Episode 126 – IP Fridays Podcast The post Interview with Beat Weibel – Chief IP Counsel Siemens – Patent Quality – Patent Trolls – Unified Patent Court – Episode 126 – IP Fridays Podcast first appeared on IP Fridays ®.

    All the Music Project – Copyright Claims – Interview with Damien Riehl – Holiday Edition of IP Fridays – Episode 125

    Play Episode Listen Later Dec 24, 2021 23:50


    Damien Riehl All the Music Project – Copyright Claims – Interview with Damien Riehl – Holiday Edition of IP Fridays – Episode 125 All the Music Website www.allthemusic.info Schola Diffusa Playlist The post All the Music Project – Copyright Claims – Interview with Damien Riehl – Holiday Edition of IP Fridays – Episode 125 first appeared on IP Fridays ®.

    New Standard for IP Management DIN 77006 – Interview with Wolfgang Berres – UPC Ratification – Multiple Designs with Hague System – Episode 124 – IP Fridays

    Play Episode Listen Later Nov 28, 2021 36:20


    Wolfgang Berres New Standard for IP Management DIN 77006 – Interview with Wolfgang Berres – UPC Ratification – Multiple Designs with Hague System – Episode 124 – IP Fridays QIMIP https://qimip.de/din77006/ WIPO Guide on Filing Multiple Designs https://www.wipo.int/hague/en/news/2021/article_0032.html New EPO Website Design https://new.epo.org/en The post New Standard for IP Management DIN 77006 – Interview with Wolfgang Berres – UPC Ratification – Multiple Designs with Hague System – Episode 124 – IP Fridays first appeared on IP Fridays ®.

    Waiving COVID Patents – Interview with Ulrich Storz – G1/21 of the EBoA at the EPO – New USPTO Director – Episode 123 – IP Fridays

    Play Episode Listen Later Oct 29, 2021 27:19


    Ulrich Storz Waiving COVID Patents – Interview with Ulrich Storz – G1/21 of the EBoA at the EPO – New USPTO Director – Episode 123 – IP Fridays Find the mentioned article here https://pubmed.ncbi.nlm.nih.gov/34139951/ Find the profile of Dr. Ulrich Storz here https://www.mhpatent.net/en/the-team/dr-ulrich-storz/ The post Waiving COVID Patents – Interview with Ulrich Storz – G1/21 of the EBoA at the EPO – New USPTO Director – Episode 123 – IP Fridays first appeared on IP Fridays ®.

    Patents as a Financial Tool for Businesses – Interview with Russ Krajec – UPC is Finally Coming (yes really!) – Episode 122 – IP Fridays

    Play Episode Listen Later Aug 27, 2021 30:50


    Russ Krajec Patents as a Financial Tool for Businesses – Interview with Russ Krajec – UPC is Finally Coming (yes really!) – Episode 122 – IP Fridays Find out more about Russ Krajec at https://blueironip.com/ The post Patents as a Financial Tool for Businesses – Interview with Russ Krajec – UPC is Finally Coming (yes really!) – Episode 122 – IP Fridays first appeared on IP Fridays ®.

    NFTs – Non-Fungible Tokens and IP – Interview with David Johnson – EUIPO Soundmarks – IP Fridays – Episode 121

    Play Episode Listen Later Jul 31, 2021 27:20


    David Johnson NFTs – Non-Fungible Tokens and IP – Interview with David Johnson – EUIPO Soundmarks – IP Fridays – Episode 121 Find out more about David Johnson at David Johnson The post NFTs – Non-Fungible Tokens and IP – Interview with David Johnson – EUIPO Soundmarks – IP Fridays – Episode 121 first appeared on IP Fridays ®.

    Patentability of AI and Simulations in Europe – G1/19 – Interview with Bastian Best – Episode 120 – IP Fridays

    Play Episode Listen Later Jun 26, 2021 33:29


    Bastian Best Patentability of AI and Simulations in Europe – G1/19 – Interview with Bastian Best Find out more about Bastian Best: https://bastianbest.de/ Bastian Best Youtube Channel The post Patentability of AI and Simulations in Europe – G1/19 – Interview with Bastian Best – Episode 120 – IP Fridays first appeared on IP Fridays ®.

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