Tobias Wuttke

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Articles

UPC Monthly Report 12/2024

Jan 12, 2025 | mondaq.com | Tobias Wuttke

BP Bardehle Pagenberg More BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances. Happy New Year! 2025 is undoubtedly going to be the year of UPC decisions on the merits, as its 2nd birthday approaches.
UPC Monthly Report 11/2024

Dec 9, 2024 | mondaq.com | Tobias Wuttke

Christmas and the New Year are just around the corner, which seems to result in a UPC "crunch time": The rate of new cases per month is steadily increasing since summer, seeing the biggest jump for now with 47 new cases in November. This leads to a total number of 585 cases now pending at the Court of First Instance, whereby close to 100 infringement actions and applications for preliminary measures are pending before the Munich Local Division.
UPC Monthly Report 10/2024

Nov 8, 2024 | mondaq.com | Tobias Wuttke

At the Court of First Instance, a total number of 538 cases is now pending, with the Munich and Düsseldorf Local Divisions increasing their lead. In sum, there are only 6 Local Divisions which attracted more than 10 cases (Munich, Düsseldorf, Mannheim, Hamburg, Paris and The Hague). German Local Divisions maintain their edge with a market share of close to 80%.
UPC Monthly Report 09/2024

Oct 10, 2024 | mondaq.com | Tobias Wuttke

Time to celebrate: the 500-case mark has been reached! Now that final decisions from the Court of First Instance are coming in, the Court of Appeal also naturally saw a 100% increase in appeals under R. 220 (1) lit. a) RoP. The growth rate of new incoming UPC infringement actions is stable (around 10-15 cases per month). The same does also apply to new incoming applications for provisional measures.
UPC Monthly Report 08/2024

Sep 5, 2024 | mondaq.com | Tobias Wuttke

In the heat of the summer, the number of new proceedings before the UPC seems to have cooled only slightly. A total number of 476 cases is now pending and no crystal ball is needed that we will soon be celebrating the 500th UPC case. At the Court of First Instance, the situation remains stable with a steady increase of cases, wherebythe German Local Divisions continue to attract the lion share of new cases filed. However, at the Court of Appeal, the fever pitch is rising.
Latest Bid to Review Rule 36 Practice Shot Down by SCOTUS

May 28, 2024 | ipwatchdog.com | Eileen McDermott |Gene Quinn |Tobias Wuttke |Wolfgang Flasche

“The Federal Circuit’s Rule 36 Judgment creates uncertainty and confusion. Patent Owner – and the public – are left to guess which of these alternative scenarios the Federal Circuit actually intended (i.e., which set of claim constructions it found was correct) when it affirmed.” – Schwendimann petitionFollowing the denial of another petition for certiorari in March, Jodi A.
Recent Boards of Appeal Decisions on Added Matter: Holding up the Standard

May 28, 2024 | ipwatchdog.com | Tobias Wuttke |Wolfgang Flasche |Randall R Rader

“Recent decisions by the EPO’s Boards of Appeal again underscore the strict enforcement of Article 123 (2) to maintain the high standard it defined for added matter and original disclosure.”The European Patent Office’s (EPO) Boards of Appeal have displayed a stringent approach towards added subject matter in recent decisions, particularly in comparison to other jurisdictions.
Countdown to the Unified Patent Court, Part V: Five Predictions for the UPC on Day One

May 31, 2023 | ipwatchdog.com | Tobias Wuttke

“The UPC will become a success story, since there are simply no good reasons not to engage with the Court.”The Unified Patent Court (UPC) is now a reality. The Court opens its doors tomorrow, June 1, 2023. In the past four articles, we have aimed to dispel myths about some of the key aspects of the UPC. Part 1 focused on the designated UPC judges, Part 2 on the timelines, Part 3 on the remedies that are available at the UPC and finally Part 4 on the financial aspects of the UPC.
Countdown to the Unified Patent Court, Part IV: Financials

May 21, 2023 | ipwatchdog.com | Tobias Wuttke

“UPC infringement proceedings will be far more expensive and will entail a far higher cost risk than national European infringement proceedings. But this mark-up is justified in light of the territorial scope and economic impact of a UPC decision.”The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. No doubt, the UPC will become a game changer requiring diligent planning and preparation.
Countdown to the Unified Patent Court, Part III: Remedies

May 3, 2023 | ipwatchdog.com | Tobias Wuttke

“It does not come as a surprise that designated UPC judges have already mentioned in public that the denial of injunctive relief is only conceivable in exceptional scenarios.”The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.