Case Reports

UPC Case Reports

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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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
UPCA - Harmonisation of Infringement
05 July 2023
Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across...
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UPC
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Analysis
Update on Unitary Patent request filing statistics
14 June 2023
The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023.
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UPC
Unitary Patent Day 2023
07 June 2023
Today is Unitary Patent day!In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of...
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UPC

Other Case Reports

First multimedia ‘motion’ trademark registered in UK
12 August 2019
Toshiba has become the first organisation to register a ‘motion’ trademark in the UK after submitting a multimedia file.While it has been possible to register motion marks before, submissions were...
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SMEs and Patents: key considerations
19 June 2019
For companies looking to begin the patenting process, when to do so, while managing costs, are common concerns. Here, Matt Jones explains how to get started in IP.
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Why confidentiality may not be enough to safeguard your US patent prospects
20 March 2019
In Helsinn Healthcare S.A. et al. v. Teva Pharmaceuticals USA, Inc., No. 17-1229, the US Supreme Court held that the assessment of whether an invention had been put “on sale”, and had therefore...
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EIP Sponsors ChIPs Networking Event
07 March 2019
EIP is sponsoring a ChIPs networking event in support of charity Code First: Girls, aimed at helping women enter the tech industry.On Thursday 28 March ChIPs will be hosting a pub quiz in London,...
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Supreme Court holds Pfizer pregabalin patent invalid
14 November 2018
Actavis and NHS England eligible to claim under cross-undertaking in damages.The Supreme Court decision in the litigation of Warner-Lambert (Pfizer) against Actavis and Mylan has been handed down...
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Significant judgment on Standard Essential Patents handed down by the Court of Appeal
23 October 2018
EIP has today secured a judgment on behalf of its client Unwired Planet, in a case which has significant international implications for all patent holders and licensees of Standard Essential Patents...
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Patent Box claims reach £942.5 million
01 October 2018
New preliminary data published by the UK Government for the tax year ending 2017 shows companies have saved a total of £942.5 million in tax relief by using Patent Box.
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Prickly dispute between tattoo artist and cactus shop dismissed
09 May 2018
Henry Martinez (T/A Prick) & Anr. v Prick me Baby One More Time Limited (T/A Prick) & Anr. [2018] EWHC 776 (IPEC)HH Judge Melissa Clarke dismisses passing off claim in prickly dispute between tattoo...
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Exhaust gas clarification patent found valid and infringed
08 May 2018
Anan Kasai Co. Ltd & Rhodia Operations S.A.S v Molycorp Chemicals & Oxides (Europe) Ltd [2018] EWHC 843 (Pat).Exhaust gas clarification patent found valid and infringed in claim by Solvay (formerly...
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UK Patents Court rejects jurisdictional challenge in SEPs case
16 April 2018
This morning the Patents Court, a division of the English High Court, handed down another important decision in the continuing development of the law relating to Standard Essential Patents (SEPs) and...
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Deutscher Bundesrat stimmt Patentreform zu
31 March 2017
Der Deutsche Bundesrat hat heute über zwei Gesetze abgestimmt, die der Reform des europäischen Patentsystems in Deutschland den Weg ebnen.Höhe- und Schlusspunkt dieser seit den 1960er Jahren...
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Legal opinion now available on the UK’s continuing participation in the UPC post-Brexit
16 September 2016
The IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers Association have obtained the opinion of leading counsel (Richard Gordon Q.C.
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IP Infringement: A question of fees
17 August 2016
In a recent application regarding appropriate Court fees (Lifestyles Equities CV v Sportsdirect.com Retail Ltd), the High Court confirmed that issuing a claim form limited to a claim for intellectual...
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The European Court of Justice's Advocate-General solves the Rubik’s Cube (trademark) puzzle
20 June 2016
The Rubik’s Cube is currently protected by a 3D trademark across the EU (Registration No. 162784), but perhaps not for much longer as the Attorney General of the Court of Justice of the European...
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Political Blunders: A Reminder to Clear Underlying Rights
16 June 2016
The announcement from Toyota on 9 June that it was considering making a “formal legal complaint” against Vote Leave for use of the Toyota mark in its campaign materials and the raising of similar...
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