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:
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.
4. The Kluwer Patent Blog has published four posts, titled Federal Constitutional Court voids the German UPCA Ratification Law; The German Law Ratifying the Agreement on a Unified Patent Court is Void; Reactions to ruling FCC in case Unified Patent Court: ‘positive’ and ‘great disappointment’; and What is behind the FCC Judgment?
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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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