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UPC Case Reports

Bringing enforcement proceedings while an appeal is still pending risks liability for defendant’s costs
24 September 2026
The Court of Appeal held that setting aside a first-instance decision granting relief subject to recurring penalties generally has retroactive effect. Any penalty fees already paid will be refunded by the Court. The value of proceedings is determined by the interest of the party that brought the action. This is not changed as a result of an appeal. A claimant bringing enforcement proceedings while an appeal is still pending does so at its own risk and may be liable for the defendant’s costs related to the enforcement proceedings.‍
Replacement parts and the value of asserting a narrower claim combination
17 July 2026
The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.
Preliminary objection on jurisdiction partially successful – UPC clarifies requirements of anchor-defendant jurisdiction for non-UPC territories
25 June 2026
The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.

Other Case Reports

Prosecution history in claim interpretation at the EPO
10 June 2026
In Agathon v Intercom, the UPC's Milan Local Division confirmed that statements made during EPO prosecution are not binding but can offer low-weight guidance on the skilled person's view — here narrowing 'abuts' against the patentee.
UPC finds infringement of two motorcycle tyres patents following international exhibition
05 June 2026
These Decisions from the Local Division of the Unified Patent Court in Milan relate to EP2519412 and EP3519207. The Applicant, Pirelli Tyre S.P.A. ("Pirelli") brought two separate infringement actions following respective seizure orders against Tianjin Kingtyre Group Co., Ltd ("Kingtyre") and Sichuan Yuanxing Rubber Co., Ltd. ("SYR"), in view of the exhibition of allegedly infringing products by the defendants at the "International Motorcycle Exhibition" ("EICMA") between 5 and 10 November 2024.
Seriously deficient disclosure process not sufficient to reopen costs order - Cabo v MGA
08 April 2026
A High Court decision highlighting the consequences of inadequate disclosure searches under PD57AD and reaffirming that costs orders are final, even where later failures come to light.
Stuart Malcolm joins EIP as Partner, Solicitor, strengthening EIP's Commercial practice
17 June 2026
EIP is delighted to announce that Stuart Malcolm has joined EIP as a Partner, Solicitor on 17 June 2026, strengthening our Commercial practice. Stuart brings more than 25 years of experience as a commercial and intellectual property lawyer, with a career spanning private practice, senior in-house leadership, and the United Kingdom's deep tech and innovation sectors.
EIP named one of Europe's leading patent firms for the eighth year running, with gold in five sectors
16 June 2026
EIP has again been named one of Europe's leading patent law firms by the Financial Times. In its 2026 ranking, EIP earned gold in five of the six technology sectors, and silver in the sixth, Materials and Nanotechnology. It is the eighth year running the firm has featured, every year since the ranking began in 2019.
EIP recognised across the board in IAM Patent 1000, 2026
29 May 2026
We're pleased to be featured again in the IAM Patent 1000, 2026. The guide is one of the most trusted independent rankings of patent professionals worldwide, built on months of research and direct feedback from clients and peers.
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