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

Technology and Climate change
04 March 2024
Key points The transition to green energy may reduce the cost of energy as renewable energy becomes cheaper than fossil fuels for most applications. Cheaper energy will support future technology.
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A Year in Patents - Part 4/4: Back to School—and Back to Exams
29 February 2024
Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. This is the final instalment of the series.
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IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits
23 February 2024
Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark "mercury" in relation to high...
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Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute
15 February 2024
Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited ("CCL") for a declaration of non-infringement of EP (UK) 1...
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Deletion of “claim-like” clauses: an EPO Board of Appeal allows them to remain in the granted patent (T 0438/22)
14 February 2024
Summary A recent decision T 0438/22 from the EPO's Boards of Appeal questions the justification for the EPO's Guidelines for Examination requirement that "claim-like" clauses in the description of...
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EPO Board of Appeal applies the G2/21 test for post-published evidence
09 February 2024
The EPO Board of Appeal decision on T 0852/20 has recently been published. It is another decision using the new test under G 2/21, which set out when post-published evidence can be relied upon for...
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Abbott v Dexcom [2024] EWHC 36 (Pat)
24 January 2024
Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has...
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Amendments to Rules of Procedure of the Boards of Appeal: attempt to enhance timeliness for cases involving parallel litigation
23 January 2024
Summary On the 1 January 2024, amendments made to the Rules of Procedure of the Boards of Appeal came into force [1]. A change to Article 15(1) means that a Board can now summon parties to oral...
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Admissibility before Boards of Appeal at the EPO: Current state of play
10 January 2024
The EPO's Technical Boards hear appeals from decisions of the Examining and Opposition Divisions with the primary aim of providing a factual and legal review of the first instance decision and not to...
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Design Piracy or Functional Necessity: Court Rules on Breast Pump Battle in Chiaro Technology Limited v Mayborn (UK) Limited
09 January 2024
The Claimant, Chiaro Technology Limited ("Chiaro"), is the owner of a number of registered designs of which several are incorporated into its product the ‘Elvie', a wearable breast pump.
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Bioinformatics or Techbio: Semantic musings from a patent perspective
08 January 2024
Bioinformatics has become an increasingly discussed topic in our increasingly digital world. Data analysis has always been part of biology but the increasing need and desire to analyse large data...
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End of the line: DABUS reaches its final stop in the UK
22 December 2023
On 20 December 2023, the Supreme Court of the United Kingdom handed down its judgment in Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49 in which it unanimously...
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Therapists’ passing-off claims, libel and harassment allegations unravelled
15 December 2023
This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com.
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Report on EPO Patent Knowledge Week
13 December 2023
The European Patent Office (EPO) has recently held many online conferences but the real highlight has been the Patent Knowledge week. There were three full days on 28-30 November discussing AI, the...
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Clause Ambiguity and Contract Disputes: Insights from Capita v IBM (2023)
07 December 2023
Introduction This case relates to (as stated by the judge) a "rare dispute as to the construction of a contract where one or both parties do not make some appeal to matters of factual matrix to...
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