INJUNCTIONS AND FLEXIBILITY IN PATENT LAW · Geschwister-Scholl-Platz 1 LMU Main Building 80539...
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LUDWIG- MAXIMILIANS- UNIVERSITÄT MÜNCHEN INJUNCTIONS AND FLEXIBILITY IN PATENT LAW Civil Law and Common Law Perspectives According to the traditional doctrine in many Continental European jurisdictions, the patent owner has an unqualified right to an injunction in the case of an infringement. In US law, on the contrary, in the aftermath of eBay v. MercExchange, it has become difficult, at least for non-practicing entities, to obtain injunctive relief. Under EU law, injunctions must be available, but only subject to the principle of proportionality. In some areas there is a growing consensus that injunctive relief may have to be restricted. When owners of standard- essential patents (SEPs) make FRAND commitments, they are under a duty based on contract or antitrust law to grant licences accordingly. The owner of a patent to a second medical use cannot prohibit the sale of the substance as such, but restricting injunctions to infringing acts may turn out to be a challenge. The speakers of this conference are experienced judges, academics and lawyers from Continental Europe, the UK, the US and Asia. They will look into the economic and historical background and will discuss the impact of the proportionality principle. The second day of the conference will be dedicated to specific issues of both doctrinal and practical relevance. Should injunctions be drafted as specific orders or as general obligations? Does the general duty to abstain from infringe- ments also extend to a duty to recall? How should injunctions be drafted in cases involving second medical use claims? Is there an emerging international consensus on how to deal with FRAND cases? Munich, 4 and 5 April 2019 Organisation and contact Prof. Dr. Ansgar Ohly Chair of Private Law, Intellectual Property and Competition Law Prof. Dr. Matthias Leistner Chair of Private Law and Intellectual Property Law with Information Law and IT-Law (GRUR Chair) Contact: [email protected] Registration Please register by 25 March 2019 at www.lmu.de/injunctions-and-flexibility-2019 Registration fee: 100,00 € Reduced rates for doctoral students and trainee lawyers (Referendare) Students free of charge Certificate of participation (Fortbildungsbescheinigung) available Please find detailed information on the conference website: www.lmu.de/injunctions-and-flexibility-2019 Conference venue Ludwig Maximilian University of Munich Geschwister-Scholl-Platz 1 LMU Main Building 80539 Munich
Transcript of INJUNCTIONS AND FLEXIBILITY IN PATENT LAW · Geschwister-Scholl-Platz 1 LMU Main Building 80539...
LUDWIG-MAXIMILIANS-UNIVERSITÄTMÜNCHEN JURISTISCHE FAKULTÄT
INJUNCTIONS AND FLEXIBILITY IN PATENT LAW
Civil Law and Common Law Perspectives
According to the traditional doctrine in many Continental European jurisdictions, the patent owner has an unqualified right to an injunction in the case of an infringement. In US law, on the contrary, in the aftermath of eBay v. MercExchange, it has become difficult, at least for non-practicing entities, to obtain injunctive relief. Under EU law, injunctions must be available, but only subject to the principle of proportionality.
In some areas there is a growing consensus that injunctive relief may have to be restricted. When owners of standard-essential patents (SEPs) make FRAND commitments, they are under a duty based on contract or antitrust law to grant licences accordingly. The owner of a patent to a second medical use cannot prohibit the sale of the substance as such, but restricting injunctions to infringing acts may turn out to be a challenge.
The speakers of this conference are experienced judges, academics and lawyers from Continental Europe, the UK, the US and Asia. They will look into the economic and historical background and will discuss the impact of the proportionality principle. The second day of the conference will be dedicated to specific issues of both doctrinal and practical relevance. Should injunctions be drafted as specific orders or as general obligations? Does the general duty to abstain from infringe-ments also extend to a duty to recall? How should injunctions be drafted in cases involving second medical use claims? Is there an emerging international consensus on how to deal with FRAND cases?
Munich, 4 and 5 April 2019
Organisation and contact
Prof. Dr. Ansgar Ohly Chair of Private Law, Intellectual Property and Competition Law
Prof. Dr. Matthias LeistnerChair of Private Law and Intellectual Property Law with Information Law and IT-Law (GRUR Chair)
Contact: [email protected]
RegistrationPlease register by 25 March 2019 atwww.lmu.de/injunctions-and-flexibility-2019
Registration fee: 100,00 € Reduced rates for doctoral students and trainee lawyers (Referendare) Students free of charge
Certificate of participation (Fortbildungsbescheinigung) available
Please find detailed information on the conference website:
www.lmu.de/injunctions-and-flexibility-2019
Conference venue
Ludwig Maximilian University of Munich Geschwister-Scholl-Platz 1 LMU Main Building 80539 Munich
10:00 – 10:15 Get-together & registration 10:15 – 10:30 Welcoming remarks 10:30 – 13:00 Economic foundations, civil & common law perspectives
Thomas Cotter University of Minnesota Law School The law & economics perspective
Henning Grosse Ruse-Khan University of Cambridge The international legal framework
Lionel Bently University of Cambridge Injunctions in common law
Franz Hofmann Friedrich Alexander University Erlangen-Nürnberg Injunctions in civil law 13:00 – 14:00 Lunch 14:00 – 17:00 Injunctions and proportionality
Richard Arnold High Court of England and Wales Proportionality in EU and English law
Klaus Grabinski Federal Court of Justice (Bundesgerichtshof) Use-by-periods and proportionality in German law
Willem Hoyng University of Tilburg and HOYNG ROKH MONEGIER Proportionality, the UPC and the CJEU
Sapna Kumar University of Houston Law Center eBay v. MercExchange: model or monster?
12:45 – 13:45 Lunch 13:45 – 16:30 Injunctions and FRAND
David Kitchin Supreme Court of the UK Injunctions in FRAND proceedings – a UK perspective
James Robart US District Court The view from the corner of competition law and patents
Christoph Rademacher Waseda University School of Law, Tokyo SEP enforcement and government policy in Japan and China
Peter Picht University of Zurich, Max Planck Institute for Innovation and Competition Injunctions in SEP cases: current practice and innovative models
16:30 – 17:00 Closing remarks
Matthias Leistner and Ansgar Ohly Ludwig Maximilian University Munich
4 April 2019 17:00 – 18:00 Recent research
Rafał Sikorski Adam Mickiewicz University Poznań Global convergence of approaches towards injunctive relief in patent law: achieving flexibility via different legal tools
Martin Stierle Ludwig Maximilian University Munich Injunctions and compulsory licenses
Arthur von Martels Amsterdam Preliminary injunctions in patent litigation
09:00 – 11:00 The scope and style of injunctions
Matthias Zigann Regional Court Munich I (Landgericht München I) Injunctions as duties to abstain
Jaani Riordan 8 New Square, London Injunctions as specific orders
Ulrike Voß Court of Appeal Düsseldorf (Oberlandesgericht Düsseldorf) A duty to recall?
Penny Gilbert Powell Gilbert LLP Exceptions from injunctions and product recall – scenarios where infringing activities could continue
11:00 – 11:15 Coffee break 11:15 – 12:45 Injunctions and medical use
Maximilian Haedicke Albert Ludwig University Freiburg EPC 2000 and second medical uses: how to align scope and remedies?
Justin Turner 3 New Square, London Drafting injunctions in second medical use cases
5 April 2019
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