Case Reports

UPC Case Reports

National or UPC jurisdiction for damages?
21 December 2023
Fives ECL, SAS v REEL GmbH (UPC_CFI_274/2023) Order of 17 November 2023 On 8 August Fives ECL, SAS ("Fives") lodged in hard copy a claim for the determination of damages.
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UPC
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Recent cases
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Damages
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Jurisdiction
Request for a stay
19 December 2023
Astellas Insitute for Regenerative Medicine v Healios KK and Osaka Univerity (UPC_CFI_80/2023) Order of 20 November 2023 On 1 June 2023, Astellas Institute for Regenerative Medicine ("Astellas")...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Penalty Payment Ordered in 10x Genomics v Nanostring
18 December 2023
10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional...
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UPC
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Recent cases
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Penalty payment
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Provisional injunction
Separate revocation claim and counterclaim both to proceed
01 December 2023
Meril Italy srl v Edwards Life Sciences Corporation (551308/2023; UPC_CFI_255/2023) Order of 13 November 2023 (ORD_578356/2023) Background On 1 June 2023 Edwards Lifesciences Corporation ("Edwards")...
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
Coffee machine litigation leads to early defeat for patentee
28 November 2023
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb...
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UPC
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Recent cases
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Infringement
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Opt out
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Provisional injunction
Milan Local Division Grants Inspection Order
24 November 2023
The Milan Local Division has granted an inspection order[1] pursuant to Rules 192-199 RoP, the first order granted by the UPC allowing inspection of a defendant's premises.
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UPC
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Recent cases
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Confidentiality
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Evidence (general)
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Preservation of evidence
Lessons from Harvard: UK-based Nanostring ordered to pay EUR 300,000 as security for legal costs in revocation action
03 November 2023
NanoString Technologies Europe Limited v President and Fellows of Harvard College (UPC_CFI_252/2023) Decision delivered on 30 October 2023 (Order no.
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UPC
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Recent cases
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Security for costs
Should the language of proceedings be changed: balancing the interests of the parties
02 November 2023
Plant-e Knowledge B.V. & Plant-e B.V. v Arkyne Technologies S.L. Order of 18 October 2023 (ORD_581189/2023) The claimants, two Netherlands companies, ("Plant-e") launched an infringement action on 12...
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UPC
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Recent cases
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Language
Opt-out Withdrawal Ineffective: Choices have Consequences!
31 October 2023
AIM Sport Vision AG v Supponor Oy & Others (UPC_CFI_214/2023) Decision of 20 October 2023 (ORD_572699/2023 and ORD_5821/2023) Facts & Main Arguments These proceedings before the Unified Patent Court...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Opt out
First penalty payment in a UPC case
30 October 2023
myStromer AG v Revolt Zycling AG Düsseldorf Local Division Order of 18 October (ORD_526778/ 2023)[1] Following its first ex parte provisional injunction[2], the UPC (Düsseldorf Local Division)...
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UPC
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Recent cases
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Penalty payment
UPC grants access to pleadings for the first time
25 October 2023
Ocado Innovation Limited v Autostore AS & Others – Order of 17 October 2023 (ORD 543819/2023) In September we reported on two judgments by Munich Central Division refusing requests for access to...
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UPC
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Recent cases
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Access to documents
CFI clarifies scope for preliminary objections
23 October 2023
Order ORD_576853/2023 [1] dated 29 Sept 2023 by Local Chamber Munich (Presiding Judge and Rapporteur Mr. Zigann) in the case Edwards Lifesciences Corp. vs. Meril GmbH and Meril Life Sciences Pvt. Ltd.
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
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Security for costs
First appeal decision from the UPC
19 October 2023
Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 13 October 2023 (Order ref ORD_580110/2023) [1] Both Amgen and Sanofi-Aventis appealed an order [2] in which an extension of the deadline...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Service of actions
Jozef Frans Nelissen v OrthoApnea S.L. Order of 21 September 2023
18 October 2023
The UPC has published its third decision to preserve evidence (following the related Orders of 13 and 14 June 2023 in Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited and v Bhagat...
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UPC
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Recent cases
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Preservation of evidence
10x Genomics not successful second time around
12 October 2023
On the same day that the decision granting 10x Genomics a provisional injunction against NanoString on the basis of the unitary patent EP4108782 was announced (19 September 2023), there also took...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Provisional injunction

Other Case Reports

UKIPO Case Studies Open the Black Box on Examining Patent Applications Relating to AI Inventions
26 September 2022
On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred...
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Significant inventions that have gone under the mainstream radar
20 September 2022
Powering KipchogeMost people interested in sports will be aware of Project 1.59 – Eluid Kipchoge's 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped...
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The WaterRower managed to row back from being struck out
25 August 2022
In the recent strike out application heard on 28 July 2022, Waterrower (UK) Limited v Liking Limited (T/A Topiom) [2022] EWHC 2084 (IPEC), David Stone, sitting as deputy high court judge, considered...
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The Concept of “Technical Character” becomes increasingly relevant for healthcare patents – Lessons from Recent EPO BoA Decisions
09 August 2022
As patent attorneys practicing in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields.
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Internet video evidence as prior art? The EPO Boards of Appeal have views...
29 July 2022
Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO.
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Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!
01 July 2022
BackgroundOn 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are...
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Tilting At Windmills
28 June 2022
A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage...
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Patents Court affirms power to grant injunctions for pre-grant patents, but refuses injunction for Novartis
07 June 2022
Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod,...
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Pride Month, Progress, and The Paradox of Tolerance
06 June 2022
Once upon a time, in New York City, there was a riot.Not, by itself, an especially notable occurrence – New York is a pretty good place for rioting, as such places go, and as both myself and my...
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Mobility-as-a-Service – how will you travel?
24 May 2022
Mobility-as-a-Service - how will you travel? The taxi service industry has undergone huge disruption over the last decade with the proliferation of ride-hailing apps.
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High Court refuses Neurim and Flynn interim injunction against Teva in third instalment of melatonin product dispute
16 May 2022
In the third chapter of Neurim and Flynn's dispute with generic companies, Mr Justice Mellor refused the Claimants' application for an interim injunction against generic giant, Teva, on the basis...
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Not a “FUNTIME” in Court for toy manufacturer after trademark infringement claim in IPEC fails
10 May 2022
This judgment concerns a claim for infringement of a UK and EU registered trademark brought in IPEC by Luen Fat Metal and Plastic Manufactory Co Ltd (the "Claimant") against Funko UK, Ltd (the...
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Loneliness is more than just a bad feeling, it’s a strategy against Our Souls
09 May 2022
When I was asked to prepare something for Mental Health Awareness Week with the theme of “loneliness”, my first thought was “well I don’t ever feel lonely so what could I write” and thought I would...
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#MentalHealthAwarenessWeek: The true impact of loneliness
09 May 2022
All usual disclaimers apply – not a doctor, not a shrink, not remotely qualified, not talking about how I know a lot of this.Loneliness sucks.
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The Club isn’t the Best Place (to find a DNI), so the Court is where Sheeran Goes
13 April 2022
On 6 April 2022, Mr Justice Zacaroli ruled on the highly publicised case involving Ed Sheeran (and others) against Sam Chokri (and others) over Mr Sheeran's 2017 well-known hit "Shape of You.
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