U.S. + Germany patent update – October 2019 (English, 日本語, 한국어)

The October 2019 Update covers the below developments from the United States and Germany. In this month, the “Spotlight” article comes from Germany regarding the Unified Patent Court. In Europe, support for the UPC amongst most EU states remains strong, but the UPC seems to be facing further uncertainties.

To access the full October Patent Update, please click on one of the following links: English, 日本語, or 한국어. If you have any questions, please contact partners Joe Raffetto (Washington, D.C.) or Steffen Steininger (Munich).

U.S.

• PTAB’s “Precedential Opinion Panel” Continues to Add Precedential Opinions
• USPTO Updates Patent Trial and Appeal Board (PTAB) Trial Practice Guide
• Forum Selection Clause in Non-Disclosure Agreement Does Not Preclude USPTO Patent Challenge, Court Says – NuCurrent v. Samsung
• Ruling on Patent Eligible Subject Matter May Be Premature If Issued Before Claim Construction – MyMail v. ooVoo
• Chief Judge in Eastern District of Texas Issues Unique Standing Order for § 101 Subject Matter Eligibility Challenges

Germany

• Higher Regional Court Düsseldorf on Misleading Advertisement With Expired Patent – Higher Regional Court Düsseldorf, I-2 U 26/18 – Irreführung durch Patentberühmung
• Court Fees for German Patent Invalidity Actions in Cases Involving Multiple Plaintiffs
• Enablement of Open-Ended Parameter Ranges
• German Federal Patent Court on relevance of prosecution history regarding claim amendments for claim construction – German Federal Patent Court, 4 Ni 7/17 (EP)  – Upholstery transforming machine
• UPC Faces Further Uncertainties but Support Amongst Most EU States Remains Strong

Authored by Joe Raffetto, Steffen Steininger, Cedric Rohr, Andreas Schmid, Corey Leggett, Teresa Christof, Daniel Kaneko and Philipp Simon