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The Unified Patent Court, which opened June 1, 2023, provides a single forum to enforce and challenge patents across 18 EU member states, with matters designed to resolve in approximately 13 months. Under Article 83(3) of the UPCA, holders of European patents granted before June 1, 2023, may opt out of UPC jurisdiction during the transitional period, which runs through at least May 2030.
The Unified Patent Court, which opened June 1, 2023, provides a single forum to enforce and challenge patents across 18 EU member states, with matters designed to resolve in approximately 13 months. Under Article 83(3) of the UPCA, holders of European patents granted before June 1, 2023, may opt out of UPC jurisdiction during the transitional period, which runs through at least May 2030.
“Universities faced with enforcement decisions have rarely chosen to bring their claims in the ITC, despite its many advantages. Yet, the legislative history of the statute shows that the ITC was designed to afford relief to universities.” Many universities recognize the value of their patent portfolios and the need to protect their intellectual property rights from unlicensed and unfair use.
“The CAFC’s recent ruling in In Re: Volkswagen further contributes to the rapidly-evolving patent venue landscape in the aftermath of the Supreme Court’s TC Heartland decision.” Recently, in In Re: Volkswagen Group of America, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) further defined the level of control a defendant must exercise over an in-district agent to establish patent venue – i.e., where a case can be filed.
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
