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

Registering Trademarks To Improve Your Position In Litigation
04 March 2011
Two of the numerous factors to be weighed when deciding on UK or European Community (CTM) registration are: intent to use: still a prerequisite for a valid UK application, although not a CTM;speed of...
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Counterfeits in Transit: The Advocate General's Opinion
28 February 2011
It is not uncommon for counterfeit goods to pass through the EU in transit to their final destination. This raises the question of whether such goods fall within the jurisdiction of the EU, and can...
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The latest dispatches from the Budweiser wars
25 February 2011
Advocate General Verica Trstenjak recently gave her opinion on questions referred to the European Court of Justice by the UK Court of Appeal regarding the latest dispute in the complex on-going...
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Put up or shut up: Nokia vs IPCom
23 February 2011
This appeal decision demonstrates the importance of considering potential patent amendments early in litigious proceedings. The appeal was concerned with two patents which were part of a larger...
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Simon Stanes blogs for The IPKat on the cancellation of Innocent smoothie trademarks
01 January 1970
Simon Stanes, the head of EIP Brands, has posted as a guest blogger for The IPKat following the cancellation of two CTM registrations owned by the makers of Innocent smoothies.
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Simon Stanes blogs for The IPKat on the Budweiser dispute
01 January 1970
Simon Stanes, the head of EIP Brands, has contributed to a post on The IPKat blog following a ruling by the General Court in what could be the end to the long-running Budweiser trademark dispute.
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Rare diseases - are there sufficient incentives to develop treatments?
01 January 1970
To mark Rare Disease Day 2012, Darren Smyth's latest IPKat post has a topical theme.Darren highlights the pharmaceutical industry's reluctance to develop treatments for rare diseases where there is...
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America Invents Act – Important Changes to US Patent Law
01 January 1970
The biggest changes to US patent law since 1952 have recently been signed into law by president Obama, in the form of the America Invents Act.
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