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In a Rare Move, ITC Applies Public Interest Factors to Exempt Research-Related Microfluidic Devices from Exclusion Order

The U.S. International Trade Commission (“ITC”) has become a popular venue for patent infringement actions, as it provides for fast and powerful exclusionary remedies against infringers in the form of exclusion and cease-and-desist orders, through which the ITC can bar importation of infringing products into the United States. Importantly, the ITC does not apply the equitable “eBay factors” before issuing such relief—instead, it must consider the so-called “public interest factors”: the effect of the orders upon (1) the public health and welfare, (2) competitive conditions in the United States economy, (3) the production of like or directly competitive articles in the United States, and (4) United States consumers.

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EU Rejects the Spanish Challenge to the Unified Patent Court


Time to Read: 1 minutes Practices: Intellectual Property

Today, the Court of Justice of the European Union issued its judgment, finally rejecting the "Spanish Challenge" to the Unitary Patent system (part of the Unified Patent Package, which includes the Unitary Patent Regulation, Regulation on Translations, and Unified Patent Court Agreement) signed back in December 2012. As reported previously, the Spanish challenge has been brewing since 2012, shortly after the Unified Patent Package was signed. The Spanish Challenge essentially argued that the new scheme was a breach of European Union law, and illegal, because it gave unnecessary authority to the European Patent Office and a subset of the EU member states, and because it did not integrate the Spanish language as an official language of the system.

Today's historic ruling makes a strong statement about the importance of the Unified Patent Package. The ruling states that the Unitary Patent and Unified Patent Court address “the complexity and particularly high costs of the current European patent protection system” which “affect adversely the capacity of European businesses to innovate and compete.” 

This ruling ends the debate, which began nearly 50 years ago in regard to unifying the patent system in Europe. This is the last hurdle. The system is now a-go, anticipated to start in 2016. All companies that have competitors in Europe, particularly where patents are relevant to their industry, will now need to take seriously this new court system and patent regime.

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