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In a recent case with Neo Wireless, Toyota questioned the opt-out of Neo Wireless' European patent. Neo Wireless LLC (Neo USA) transferred the German part of the patent to Neo GmbH but didn't include Neo GmbH in the opt-out process. The UPC Court of Appeal ruled that this opt-out was invalid because it wasn't lodged by all proprietors of all national parts of the patent, as required by Art. 83(3) of the UPC Agreement and Rule 5.1(a) of the Rules of Procedure. Details from Thomas Prock, Mike Gilbert and Ali Raja can be found below, alongside how to subscribe to further UPC insights from the team at Marks & Clerk. https://lnkd.in/eCpgBa82 #intellectualproperty #intellectualpropertylaw #patents #patentlaw #europeanlaw #unifiedpatentcourt #upc

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