Case Reports
UPC Case Reports
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
Termination of Proceedings
03 October 2023
Ocado Innovation Limited v. Autostore AS Order of 11 September 2023[1] (Order ref ORD_571090/2023) Ocado filed an infringement action against Autostore on 2 June 2023 in the Milan local division.
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UPC
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Recent cases
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Costs
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Withdrawal of an action
Determining Date of Service and Corresponding Time limits
28 September 2023
Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 29 August 2023 (Order ref ORD_566193/2023)[1] This case arises from a difference of date of service on multiple defendants, and thus raises...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
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Time limits
Injunction granted in 10x Genomics v NanoString
27 September 2023
The UPC Local Division in Munich handed down a decision on 19 September 2023 following a hearing over two days on 5/6 September 2023, granting a provisional injunction against NanoString to restrain...
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UPC
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Recent cases
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Infringement
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Inventive step
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Novelty
When can third parties obtain access to written pleadings and evidence at UPC?
22 September 2023
A judge of the Central court in Munich has recently considered a request by a third party for access to written pleadings and evidence under Rule 262.1(b) in two cases.
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UPC
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Recent cases
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Access to documents
Extension of time limit for statement of defence
20 September 2023
Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 23 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...
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UPC
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Recent cases
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Time limits
Who is first to file?
15 September 2023
Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...
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UPC
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Analysis
First to file at the UPC
15 September 2023
Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
Terminology at the Unified Patent Court
12 September 2023
The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the...
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UPC
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Analysis
UPC Exceptionally grants extension of time limit for preliminary objection
04 September 2023
Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 1 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...
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UPC
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Recent cases
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Time limits
Provisional Injunction granted by the Unified Patent Court
29 August 2023
myStromer AG v Revolt Zycling AG, Order of 22 June 2023 and Order of 30 June 2023 [1] The UPC - Düsseldorf Local Division - has issued its first ex parte provisional injunction only recently...
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UPC
Orders to Preserve Evidence granted by the Unified Patent Court
22 August 2023
Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited, Order of 13 June 2023 Oerlikon Textile GMBH & CO KG v Bhagat Group, Order of 14 June 2023 Just two weeks after the Unified Patent...
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UPC
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Recent cases
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Preservation of evidence
Early statistics regarding interest in unitary patent protection
04 August 2023
The EPO has recently added ‘Requests for unitary effect' to its Statistics & Trends Centre. The Statistics & Trends Centre provides a dashboard that now gives information about requests for unitary...
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UPC
Other Case Reports
Extension of time period for filing defence in view of parallel EPO appeal proceedings
30 January 2025
Dainese S.p.A. v. Alpinestars S.p.A., Alpinestars Research S.p.A., Omnia Retail S.r.l., Horizon Moto 95 – Maxxess Cergy, Zund.Stoff Augsburg/Ulrich Herpich E.K., Motocard Bike S.I.
No items found.
UPC Court of Appeal rules that UPC can determine damages following a national infringement decision
29 January 2025
Fives ECL, SAS v. REEL GmbH UPC_CoA_30/2024 Order of 16 January 2025[1] (APL_4000/2024) Fives applied to the UPC Local Division in Hamburg for a determination of damages following a prior...
No items found.
UPC sets aside provisional injunction on hand-held vacuum cleaners
27 January 2025
SharkNinja Germany GmbH, SharkNinja Europe Limited v. Dyson Technology Limited (UPC_CFI_443/2023 and UPC_CoA_297/2024) Decisions of 5 May 2024 (Order no.
No items found.
Breach of a standstill agreement does not affect jurisdiction or admissibility
22 January 2025
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH UPC_CFI_454/2023 Decision of 18 December 2024 (ORD_598508/2023[1]) The claimants sought revocation of EP...
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Paris Local Division Revokes another DexCom Patent
22 January 2025
DexCom, Inc. v Abbott Laboratories and 13 other Abbott entities UPC_CFI_395/2023 Decision of 11 December (ORD_63909/2024[1]) The second decision on the merits from the UPC came from the Paris Local...
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Edwards Lifesciences Corporation v. Meril Gmbh & Meril Life Sciences Pvt Ltd.
21 January 2025
(Infringement action UPC_CFI_15/2023) Decision of 15 November 2024 (ORD_598479/2023[1]) The Munich Local Division (MLD) decided in favour of patentee Edwards Lifesciences Corporation (Edwards) with...
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UPC denies provisional injunction on tool for adjusting the height of cabinet legs
17 January 2025
Häfele SE & Co KG v Kunststoff KG Nehl & Co (UPC_CFI_443/2024 relating to EP3767151) Order of 25 November 2024 (ORD_62433/2024 [1]) This Decision from the Court of First Instance of the Unified...
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UPC denies provisional injunction on insulin pump
17 January 2025
Insulet Corporation v. EOFLOW Co., Ltd. (UPC_CFI_380/2024 relating to EP4201327) Order of 22 November 2024 (ORD_56716/2024 [1]) This Decision from the Court of First Instance of the Unified Patent...
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UPC Court of Appeal Overturns Helsinki on Opt Out Withdrawal
14 January 2025
AIM Sport v Supponor UPC_CoA_489/2023 and UPC_CoA_500/2023 Decision of 12 November 2024 (ORD_598488/2023 & ORD_598489/2023) AIM Sport had brought both provisional injunction and infringement...
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UPC grants provisional injunction ex parte on motorbike helmet intercoms system
13 January 2025
Cardo Systems, Ltd. v Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co. Limited (UPC_CFI_643/2024 relating to EP4240194) Order of 5 November 2024...
No items found.
Provisional Injunction on Lice Treatment
10 January 2025
G. Pohl-Boskamp GmbH & C. KG v pharma-aktiva GmbH and others UPC_CFI_541/2024 Order of 20 December 2024 (ORD_67522/2024) The claimant G. Pohl-Boskamp GmbH & C.
No items found.
Successful appeal deprives penalty payment of basis
10 January 2025
Nanostring v 10x Genomics UPC_CoA_470/2023 Order of 10 December 2024 (ORD_598533/2023) As we previously reported, the Munich Local Division of the UPC imposed a penalty payment against Nanostring for...
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UPC grants penalty payment for non-compliance with production order
09 January 2025
Koninklijke Philips N.V. ("Philips") v Belkin International, Inc., Belkin GMBH and Belkin Limited (collectively "Belkin") - UPC_CFI_390/2023 relating to EP 2867997 B1 Order of 18 December 2024 -...
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Incomplete secondary evidence pleaded late in proceedings has no chance against prima facie obviousness in High Court decision
25 November 2024
A 163-page judgment for Pfizer Limited v. GlaxoSmithKline Biologicals S.A. & Anor [2024] EWHC 2523 was handed down on 7 October 2024 by Mr Justice Mellor.
No items found.
Munich Local Division issues the first decision by default in an infringement proceeding as Defendant does not respond to Statement of Claim
14 October 2024
i-mop GmbH v ARCORA International GmbH (UPC_CFI_193/2024) Order dated 11 October 2024 (ORD_47439/2024) concerning EP 3 760 094 B1 The patent in suit EP 3 760 094 B1 relates to a floor cleaning device.
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Recent cases
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Infringement
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