HOYNG ROKH MONEGIER on LinkedIn: HOYNG ROKH MONEGIER wins Managing IP's European Impact Case of the year… (2024)

Incredible development out of the UPC today. An unsecured preliminary injunction issued out of the UPC court led by Presiding Judge Dr. Matthias Zigann in favor of 10XGenomics (represented by the team at BARDEHLE PAGENBERG). For non-IP nerds, this will put the defendant NanoString on their heels as they can no longer import, export, advertise, sell, research or conduct any other normal commercial activities where the injunction applies at least for the time being. As noted by Florian Mueller on his FOSS Patents blog, sure to be appealed to the UPC's Court of Appeal in Luxembourg. So stay tuned as the UPC system makes new law. I have to admit that this decision leaves me conflicted personally. Excited to see a court taking IP rights seriously given Zoeller Company and its divisions like ZOELLER PUMP CO., LLC's history of innovation. But as General Counsel for Zoeller, I am concerned that the risk level associated with alleged IP infringement, whether at a trade show or even in normal market transactions, just became very real for anyone selling in the UPC signatory countries within the EU. Also a little disappointed as this news breaks a day late for our UPC panel discussion yesterday at the IPWatchdog, Inc conference with Tilman Müller and David Muus moderated by Caren Sterne, JD, MS, MA. https://lnkd.in/gBByTbErhttps://lnkd.in/gPZm5Gk5https://lnkd.in/gZDhJZuq#UPC #patentlitigation #crossborder #generalcounsel #licensing

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🎉 Celebrating 100 days since the launch of the Unified Patent Court (UPC)!🚀Exciting developments have been unfolding rapidly since June, with around 50 proceedings initiated, mainly in Germany. The UPC's first oral hearing in Munich on September 5 was a major milestone, and we're eagerly anticipating the upcoming hearing in Vienna in a case handled by Taylor Wessing on September 13, 2023.💼 Early UPC cases are making waves in mobile communication and Standard Essential Patents (SEPs). Panasonic, for instance, has filed 12 infringement claims against subsidiaries of Oppo and Xiaomi, highlighting significant disputes in this arena.🤝 There were also settlements in UPC cases as parties opted for resolution of the extensive international disputes.🔍 The UPC has proven its swiftness and precision in preliminary injunction proceedings. The Milan local division has demonstrated efficiency by issuing ex parte orders to preserve evidence. In another recent case, a preliminary injunction was granted in Düsseldorf, emphasizing the importance of strong arguments and thorough enumeration of member states for success in UPC proceedings.📜💼 #UPC #PatentLaw #Innovation #LegalUpdates

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The taxi sector crusade in the legal arena keeps producing valuable insight into the legal challenges and the multiple legal angles that arise in connection with the entry of novel business models such as intermediation platforms into traditional sectors of the economy such as taxi services.Below, my latest contribution on the Wolters Kluwer: Antitrust and Competition Law Blog where I comment on the #antitrust fine imposed by the Autoritat Catalana de la Competència (ACCO) on a taxi association for boycott conduct.#competition Autoritat Catalana de la Competència (ACCO)

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Taylor Swift’s reputation in IP is second to none. And her registered trade marks are for evermore (if she renews them). With such a clean trade mark portfolio, it’s any wonder she’s a mastermind at brand protection. Taylor is not a foolish one, protecting her trade marks across a variety of goods and services. As one of her songs goes, “long live all the trade marks we protected.” Or something like that. Enjoy this snippet of Taylor’s trade mark registrations in Australia (it can’t compare with her portfolio in the US though!). #trademarks #intellectualproperty #branding #brandprotection #taylorswift

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There is a difference between patent and latent ambiguities, and failure to recognize that difference can result in dismissal of a protest as untimely.In GAO’s recent decision in the protest of Karthik Consulting LLC, the Agency intended to set aside a task order for 8(a) businesses.Karthik held the underlying IDIQ, and the award of Karthik’s IDIQ had been based on Karthik’s 8(a) status.Karthik, however, had subsequently graduated from the 8(a) program prior to the Agency’s solicitation of the task order at issue in the protest. The Agency disqualified Karthik from the competition because it was not a current 8(a) business, and Karthik protested. The Agency argued that the solicitation clearly indicated that it was set aside for current 8(a) businesses.Karthik conceded that it had graduated from the 8(a) program, but it pointed to other language in the RFQ indicating that offerors who had been awarded the underlying IDIQ on the basis of 8(a) status would be able to compete regardless of their current status.GAO found this protest to be untimely because the ambiguity was patent – it was apparent on the face of the solicitation.GAO examined the various provisions argued by the protester and the Agency and pointed out conflicts in the provisions that were obvious and glaring based upon Karthik’s interpretation.GAO restated its law that a vendor that competes under a patently ambiguous solicitation does so at its own peril, and cannot later complain when the agency proceeds in a manner inconsistent with one of the possible interpretations. This differs from latent ambiguity arguments that GAO will entertain in a post award protest. Latent ambiguities are not apparent on the face of the solicitation, and are discovered only later when both parties advance reasonable interpretations of the provisions. Patent ambiguities are another reason to consider pre-award protests to clarify solicitation terms.If such terms exist in a solicitation and they are not challenged, the vendor will be at the mercy of the Agency’s interpretation because GAO will not entertain later challenges to terms that were not clarified.The same rule would apply in the Court of Federal Claims under the Blue and Gold doctrine.In order to ensure a fair chance to compete, pre-award protests are sometimes a necessity. #governmentcontracting #govcon #bidprotests #smallbusiness

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A pro-term order is where the court, as a temporary arrangement, directs an implementer to make payments as security to safeguard the interests of a Standard Essential Patent holder, till the dispute between the parties is finally decided to promote a modernized and fair patent system. In order to decide an application for interim relief under Order XXXIX Rules 1 and 2 CPC, the Court has to examine various aspects on merits, which would necessarily take time. In the interregnum, the infringing party would freely sell its devices using such Standard Essential Patents. Such an approach balances the interests of right owners with the larger public interest.If no security is offered during the interregnum, such party benefits, to the disadvantage of the Standard Essential Patent holder as well as the other willing licensees and gets an unfair competitive edge in the market.An advancement between Nokia vs Oppo wrt their patent rights, where oppo exceeded the use of patents after the termination of usage and an injuction order as pro term security was ruled out in favour of Nokia. #injunction #patentlaw #Proterm Abhishek Charan LawSikho

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Re: Think Intellectual Property First™You mean, like, using #PATENTS, #TradeSecrets & #IntellectualProperty to build important companies on strong foundations that put everyone on the same page, enrich people's lives, move humanity forward, eliminate major health deterrents and disease and respect earth's ecosystem as we explore the frontier of #SPACE.I'm going to need a moment...p.s. Excellent!! (and not a moment to soon!!)

There is a reason why companies issues patents to protect as well it’s own investments and brand values. "Protecting patents is essential for companies. It preserves competitive advantage, safeguards investments, generates revenue through licensing, fosters innovation, attracts investment/partnerships, defends against infringement, creates barriers to entry, enhances brand reputation, enforces the competitive position, and supports long-term strategy. #IPProtection #Innovation #Patents"

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While you get ready for the BBQ, check out this summary of the US Suprme Courts latest decision on trademark law, and its lack of extraterritorial reach. Kudos to our summer law clerk, my partners Anthony Lo Cicero and Douglas A. Miro and associate David Goldberg in helping put together this quick and easy read.

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This morning in Mexico City, #LippesMathias partner and intellectual property practice team member Scott McCollister spoke during a panel presentation at the ASIPI's 22nd Congress titled "Protection of Innovations in the Dynamic Sporting Goods Industry."During the presentation, Scott and his co-panelists provided participants with an in-depth understanding of the legal and business strategies needed to protect and monetize innovations in the sports and sporting goods industries.🔗 https://bit.ly/3uDJihQ

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