ADVANT Altana’s Post

📢 New Article Alert: Post-Brexit Judgment Enforcement in France, Germany, and Italy Paul Boutron and I are excited to share a comprehensive Q&A on Post-Brexit Judgment Enforcement in collaboration with our colleagues from Germany (ADVANT Beiten) and Italy (ADVANT Nctm). With the UK's recent signing of the 2019 Hague Convention, understanding the evolving legal landscape is more important than ever for businesses navigating cross-border disputes between the UK and the EU. If you're dealing with cross-border judgment enforcement involving the UK, this Q&A is a must-read! 📄 Read the full article here 👇 #Brexit #LegalUpdate #CrossBorderLitigation #JudgmentEnforcement #InternationalLaw #HagueConvention #France #Germany #Italy

The UPC, an amicus curiae filing by the European Commission in the Munich courts, and decisions from outside the UK have brought a new dynamic to the FRAND game. In our next webinar of the #IPExpertsLIVE series, our experts Dr. Tilman Müller and Dr. Jan Bösing will explore this new dynamic, including: 🔹 FRAND and SEP litigation at the #UPC 🔹 The EU Commission's amicus curiae brief and the reactions to it 🔹 The latest on #FRAND and SEP litigation outside the EU 🔹 Updates on the draft SEP regulation 👉 Register now for free: https://lnkd.in/dKzzjaBp #IntellectualProperty #Patents #SEP #litigation

On the Wednesday of London International Disputes Week (LIDW), Matthew McSheaffrey, Grace Cheng 鄭子欣, Sersha Godfrey, and Jack Law will discuss “The Future of Arbitration In The UK, Asia, and Beyond.” Topics will include recent legislative changes and amendments to institutional rules, as well as challenges for arbitration including fraud and independence and conflicts of interest. Register to attend at the link. #LIDW24 #arbitration #internationalarbitration #fraud

ECJ – get ready for round two! Recently, the ECJ rejected the Austrian Independent Arbitration Commission’s request for a preliminary ruling on the legality of publishing anti-doping decisions as inadmissible (based on the Arbitral Tribunal’s lack of independence), thus leaving open a number of pressing questions relating to data protection in the field of anti-doping (C-115/22 NADA Austria and Others; for details, see: https://lnkd.in/eAvh_tzp). It was to be expected that this would not be the end of the story: Indeed, in a decision of 28 June 2024, the Austrian Federal Administrative Court now referred the same questions (back) to the ECJ (C-474/24 NADA Austria and Others; https://lnkd.in/eEWzSaAf). And this time, there is no doubt that the Austrian Federal Administrative Court has the right to request a preliminary ruling. This means we can expect to receive answers from the ECJ to some key questions of data protection in the anti-doping context. #sportslaw #antidoping #dataprotection #WISLaw

It was a pleasure to contribute to this extraordinary class action report. See pages 54 – 59, inclusive, for the article that I wrote on the EU PLD. It's interesting to have seen first-hand the progression of class actions across UK and Europe and compare that with my experience managing US class actions as well. #classactions #productliability #litigation #lifesciences #regulatory #productsafety

In the framework of #cooperation with the European Commission, the #CEPEJ evaluates annually certain aspects of the #judicial systems of the #EU member States. This #study is one of the main sources of the EU #Justice #Scoreboard, which was #published on 11 June. The information contained in the EU Justice Scoreboard contributes to the monitoring carried out within the framework of the European Semester and the Annual Rule of Law Cycle — the findings will feed into the Commission's 2024 Rule of Law Report. https://lnkd.in/dfznGFre

In the latest Globonal IP and Technology blog, #TeamSPB explore the implications of the Loper Bright decision the U.S. International Trade Commission (“ITC”), when it conducts investigations under Section 337 of the Tariff Act of 1930 relating to alleged violations of intellectual property rights (e.g., allegations of patent infringement), which typically involve decisions of technical and economic analysis rather than rulemaking. Explore the key takeaways here ➡️ https://ow.ly/jtpt50TPyAv #ITC | #LoperBright | #AgencyDecisions

While it's getting winter in at least the south of Germany and after a bit of a break, we are catching up on our checklist series, this time relating to parallel invalidity attacks pending before the UPC and the EPO/national courts. It seems that at least with respect to parallel EPO opposition proceedings, the UPC will often continue with the revocation action despite the parallel EPO case. Only if a rapid decision on appeal can be expected in the EPO case, the UPC might be inclined to stay and wait for the outcome of the EPO opposition. This provides for additional strategic options for both patent owners and defendants. Thanks again to Julia Pehe for preparing this checklist. #upc #dlapiper #patentlitigation #crossingnewhorizonstogether

Despite previous efforts U.S. regulators have not issued a new policy statement on SEPs after withdrawing their previous policy statements in 2022. This lack of guidance creates uncertainty and creates a policy void while other jurisdictions like China and the EU lead the way. This article by authors John ("Jay") Jurata, Elena Kamenir & Christie Boyden (Dechert LLP) argues that U.S. antitrust agencies should publish new SEP policy guidance to address issues related to hold-up and the scope of appropriate remedies... #antitrust #antitrustlaw #patents #guidelines #jurisdiction #china #europeanunion #policy #regulator #competitionlaw