Monday, March 23, 2020

From Around the Blogs: More Reactions to the German UPC Decision

As I noted last Friday, the German Constitutional Court has invalidated the German law approving the Unified Patent Court, on the ground that the law needed 2/3 approval of a quorum of the German Bundestag.  Here is an English-language press release from the court itself, and here are some more reactions from around the blogosphere:

1.  On IPKat, Willem Hoyng: today's decision sets back UPC at least five years.

2.  On JUVE Patent, Mathieu Klos published a post titled Dark day for UPC: Europe reacts to surprise judgment.

3. Striking a more optimistic note, on FOSS Patents Florian Mueller published a post titled Practitioners and companies far from giving up on Unified Patent Court -- intergovernmental renegotiation will open door to improvements.

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In other IP-related news, the U.S. Supreme Court today held in Allen v. Cooper that Congress lacked the authority to abrogate state sovereign immunity for copyright infringement.  Justice Kagan wrote the opinion.  I may have more to say about this decision in due time, particularly Justice Thomas's concurring opinion relating to whether IP rights are property.  In addition, the Federal Circuit denied a petition for rehearing en banc in Arthrex, over some dissenting opinions.  See here; for previous discussion on this blog, see here.

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