Dr. Henrik Holzapfel
Subscribe to Dr. Henrik Holzapfel's PostsDr. Henrik Holzapfel advises on all aspects of intellectual property law. He focuses on litigating patents, including the enforcement of patents essential to industry standards and FRAND defenses. Henrik also has extensive experience in litigating trade secret matters. Other areas of his practice include advising on IP licensing agreements, including advice on European competition law, drafting R&D agreements and advising on employees’ inventions. Henrik’s clients represent a wide variety of industries such as IT, pharmaceutical, biotech, medical devices, chemicals, automotive and engineering. Read Dr. Henrik Holzapfel's full bio.
Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations
By Dr. Henrik Holzapfel and Dominik Rissmann on Apr 17, 2025
Posted In EU Update, Patents
The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard essential patents (SEPs) is rejected. HMD Global v. VoiceAge, Case No. 6 U 3824/22 Kart, (Judgment of 20 March 2025). In this case, the Munich...
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CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC
By Dr. Henrik Holzapfel, Lisa Nassi and Dr. Laura Katharina Woll, LL.M. on Mar 6, 2025
Posted In EU Update, Patents
The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions and adjudicate on patent infringement acts in countries (seemingly) outside their respective jurisdiction. Case C-339/22 (CJEU, Grand Chamber Feb. 25,...
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UPC Issues First FRAND Decision
By Dr. Henrik Holzapfel and Dr. Laura Katharina Woll, LL.M. on Dec 20, 2024
Posted In EU Update, Patents
In a landmark decision, the Unified Patent Court’s (UPC) Local Division Mannheim set standards for enforcing standard essential patents (SEPs) and for negotiating fair, reasonable, and nondiscriminatory (FRAND) licenses under SEPs. In line with the framework previously established by the Court of Justice of the European Union in Huawei Technologies Co. Ltd. v. ZTE Corp.,...
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Are You Ready for the UPC? Act Now to Prepare for its Opening on June 1
By Dr. Henrik Holzapfel, Charles Larsen and Diana Pisani on Mar 1, 2023
Posted In EU Update, Patents
On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court (UPC) and triggered the UPC’s entry into force on June 1, 2023. The UPC will revolutionize patent enforcement across Europe and impact companies around the world that hold European patents or conduct business in Europe. Owners of existing European patents or pending...
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EU Unified Patent Court Announces Intent to Launch on April 1, 2023
By Dr. Henrik Holzapfel and Paul Devinsky on Oct 20, 2022
Posted In EU Update, Patents
The EU Unified Patent Court (UPC) announced a launch date of April 1, 2023, however, the announced date should be regarded as a statement of intent for it could change. The launch timing has been the subject of various delays and setbacks, several due to unresolved legal issues. The UPC has also published an almost...
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European Commission Seeks Comments on Revised Horizontal Guidelines Draft
By Dr. Henrik Holzapfel and Dr. Maximilian Kiemle, LLM on Apr 7, 2022
Posted In Antitrust, EU Update
On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and Specialisation (HBERs) draft, as well as on a revised draft of the guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European...
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2022 IP Outlook Report: The Developments Shaping European IP Law
By Dr. Henrik Holzapfel, Laura Morelli, Claire Boosz, Charles de Raignac and Dr. Maximilian Kiemle, LLM on Mar 1, 2022
Posted In EU Update, Patents, Trademarks
Key Takeaways and Outlook for 2022 While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the forefront is the prospect of greater patent law harmonization with the entry into force of the Unified...
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2022 IP Outlook Report: The Developments Shaping Patent Law
By Amol Parikh, Dr. Henrik Holzapfel, Thomas DaMario, Tim Dunker and Dr. Maximilian Kiemle, LLM on Feb 17, 2022
Posted In Patents
Key Takeaways and Outlook for 2022 Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: Patents/SEP FRAND Licensing Venue Developments Subject Matter...
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SEP Regulation: European Union Calls for Stakeholders’ Views
By Dr. Henrik Holzapfel and Dr. Maximilian Kiemle, LLM on Feb 17, 2022
Posted In EU Update, Patents
Following public consultation rounds on the regulation of standard-essential patents (SEPs) in the United States and the United Kingdom, the European Union followed suit and published a “Call for Evidence” concerning an impact assessment on the European Union’s new framework for SEPs on 14 February 2022. The Call for Evidence is part of the European...
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The Net Is Tightening on European SEP Regulation
By Dr. Henrik Holzapfel and Dr. Maximilian Kiemle, LLM on Feb 10, 2022
Posted In EU Update, Patents
The regulation of standard-essential patents (SEPs) has increasingly attracted the attention of policymakers in recent years. This includes the European Commission, which institutes multiple projects to profoundly review the European Union’s SEP and competition law framework. Some of these EU projects are still in the making, with the next public consultations coming up in early...
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