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

Lonnie Johnson, Black History Month 2023
09 October 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker.
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Farewell to the 10 day rule
06 October 2023
From 1 November 2023, time limits that run from the notification of a communication by the EPO no longer will run from the date of the communication plus 10 days, but from the date that the...
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Remember to seriously consider Part 36 Offers!
06 October 2023
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice' was discussed.
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Alice H. Parker, Black History Month 2023
02 October 2023
As we move through October and temperatures begin to drop, many of us will be wrapping up, adding extra layers and switching on the heaters. Here's a woman that inspired many of the modern heating...
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Parties and their lawyers will have to reveal how the sausage is made.
18 September 2023
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness...
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Trade Secrets vs. Patents in the UK Space Sector
11 September 2023
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key...
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A Year in Patents - Part 3/4: The Procedures of International Patent Prosecution
05 September 2023
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.
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#Barbenheimer: A Tale of Patents, Designs and Possibilities
15 August 2023
Introduction The Barbenheimer phenomenon has broken several box-office records. Barbie has made Greta Gerwig the first solo female director to produce a $1 billion dollar film, while Christopher...
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Cheers and confusion: General Court agrees that STONE and STONES are one and the same
14 August 2023
This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com.
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Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
09 August 2023
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus...
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Weathering IP challenges: how can patents help offshore wind innovators?
09 August 2023
Over the past few years, a worldwide patent dispute has been rumbling between two giants of the renewables sector, GE and Siemens Gamesa. Although that storm has now subsided, following the recent...
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Seizing a greener future for the UK
08 August 2023
The announcement this week from the UK Government of funding for new Carbon Capture and Storage (CCS) schemes has had a mixed reception. It's a shame the announcement was hand-in-hand with new oil...
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Unnamed inventors can benefit from s.40 employee compensation, but only if you get there in time
07 August 2023
Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr...
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Preachin’ Pride Blues
11 July 2023
Those of you who have read my work before, who know me, or who know of me, might reasonably expect this piece to be…vitriolic, shall we say? You may be bracing yourself for a story that starts with...
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High Court maintains status quo on SPCs: Combination patent cannot get extension using Marketing Authorisation of single active agent
05 July 2023
Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it...
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