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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.

The BPatG on the grant of patents after expiry of the patent term

According to the Federal Patent Court (BPatG), the interest in legal protection for a subsequent grant of a patent is based on the inventor's personality right.

AUMA: Successful introduction of uniform EU patent system

One year after the entry into force of the unitary patent system, the European Patent Office has already recorded 27,000 registrations.

Can an AI be considered an inventor under patent law?

The question of the patentability of a machine-generated invention has repeatedly arisen in the past. This question has now been answered by the Federal Court of Justice in a recent decision (BGH, decision of 11.06.2024, ref. X ZB 5/22).

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