Case Reports
UPC Case Reports
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc.
25 June 2025
UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the...
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Recent cases
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Costs
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Other procedural aspects
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Time limits
Provisional Injunction Denied for Small Molecule Kinase Inhibitor
19 June 2025
Zentiva Portugal, LDA v. Boehringer Ingelheim International GMBH (UPC_CFI_41/2025 relating to EP1830843) Court of First Instance Order dated 8 May 2025 ORD_18599/2025 [1] Summary The Application for...
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UPC
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Recent cases
UPC Opines on Second Medical Use Claims
17 June 2025
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc.,v Amgen Inc. and others UPC_CFI_505/2024 Decision of 13 May 2025 ORD_598583/2023 This decision from the Düsseldorf Local Division sets out for...
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UPC
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Claim interpretation
XSYS Germany GmbH & ors. v. Esko-Graphics Imaging GmbH
17 June 2025
Decision of 2 June 2025 (Order no. ORD_23545/2025) Ekso originally brought infringement proceedings against XSYS in respect of its EP 3 742 231 patent, relating to a method of curing photo-curable...
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Recent cases
The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state...
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UPC
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Analysis
Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
23 May 2025
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair.
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UPC
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Recent cases
Court of Appeal Upholds Decision on Provisional Measures
20 May 2025
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background...
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UPC
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Recent cases
AGFA fails in its infringement claim against Gucci
15 May 2025
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA's patent EP3388490, which relates to decorating...
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UPC
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Recent cases
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Claim interpretation
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Infringement
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Revocation
Printing plates case displays practical points to consider in Fujifilm V Kodak
09 May 2025
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between...
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UPC
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Recent cases
Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
09 May 2025
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel...
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UPC
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Recent cases
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Security for costs
Provisional injunction denied for clay-based haemostatic agent
01 May 2025
Teleflex Life Sciences II LLC v Speed Care Mineral GmbH (UPC_CFI_701/2024 relating to EP2007811) Order of 21 February 2025 (ORD_ 68880/2024)[1] Application for preliminary injunction refused.
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UPC
Mammaoet Holding B.V. v P.T.S. Machinery B.V.
28 April 2025
(UPC_CFI_16/2025) Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22 January 2025 regarding the preserving of evidence This is a decision on the preservation...
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UPC
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Recent cases
UPC rules on scope of product by process features in claims
28 April 2025
Yellow Sphere Innovations GmbH, Erwin Härtwich v Knaus Tabbert AG UPC_CFI_50/2024 Decision of 10 April 2025 (ORD_68984/2024[1]) This decision from the Düsseldorf local division has a number of...
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UPC
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Recent cases
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Claim interpretation
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Damages
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Infringement
Security for Costs Application
28 April 2025
Emboline, Inc. v AorticLab srl (UPC_CFI_628/2024) Order of 16 April 2025 (ORD_9097/2025)[1] The LD Munich has recently provided some guidance on when security for costs will be available as well as...
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UPC
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Recent cases
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Costs
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Security for costs
Application for a preliminary injunction refused
24 April 2025
Barco NV v Yealink Network Technology Co. Ltd. & Ors. (UPC_CFI_582/2024) Order of 21 March 2025 (ORD_68979/2024)[1] Barco is a company operating in the entertainment, enterprise and healthcare...
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UPC
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Recent cases
Other Case Reports
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Referrals to the Enlarged Board of Appeal over procedural matters: a good use of EBA resources?
18 June 2012
In a recent IPKat post, Darren Smyth ponders whether the Boards of Appeal of the European Patent Office should be referring cases to the Enlarged Board of Appeal on matters of procedural...
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Smith & Nephew v Convatec Technologies
15 June 2012
Darren's Smyth's latest IPKat post concerns an action by Smith & Nephew to revoke a patent owned by Convatec Technologies for antimicrobial wound dressings impregnated with silver.
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'Tomato' patent case at the EPO results in second referral to the Enlarged Board
07 June 2012
The European Patent Office (EPO) has referred a case relating to dried tomatoes to the Enlarged Board of Appeal for a second time.In his latest IPKat post, EIP's Darren Smyth discusses the most...
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Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – guidance on litigation before the Patents County Court
20 April 2012
In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for...
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Registered Community Designs: reasons for refusal
19 April 2012
The OHIM has begun publishing information about Registered Community Design applications that have been refused.The designs themselves are not shown, but the grounds for refusal are now being made...
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Sanofi-Aventis patents on cancer drug Taxotere declared invalid
11 April 2012
Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.
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Samsung v Apple tablet battle hits the UK
05 April 2012
The ongoing dispute between Apple and Samsung over Apple's Registered Community Designs for its iPad has now entered the UK courts.Darren Smyth's latest IPKat post relates to a decision of Mr Justice...
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Poland's law on cheap drugs declared contrary to EU law
03 April 2012
A Polish law which allowed the sale of unapproved drugs which were cheaper than those approved has been declared contrary to EU law.The decision by the Court of Justice of the European Union is...
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Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc
29 March 2012
In today's IPKat, Darren Smyth analyses the decision in Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc, a case which started as an action for a declaration of invalidity of...
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AstraZeneca patent revoked for obviousness
29 March 2012
In a decision on 22 March in Teva and ors v AstraZeneca concerning a patent on a sustained release formulation of an anti-psychotic drug, Mr Justice Arnold revoked the patent due to obviousness.
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UK Government confirms Patent Box scheme
27 March 2012
Chancellor George Osborne confirmed in his 2012 Budget that the proposed Patent Box scheme will go ahead.When fully phased in, the rate of Corporation Tax on profits attributed to patents will be 10%.
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EPO publishes draft version of revised Guidelines for Examination 2012
26 March 2012
The European Patent Office (EPO) has published the draft version of revised Guidelines for Examination 2012 online.Partner Darren Smyth casts his eye over the draft version in his latest IPKat post.
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Compulsory licensing in India – Must products be manufactured locally?
16 March 2012
The first compulsory licence of an Indian patent since the TRIPS regime was implemented in India has been awarded. Although the licence relates to a pharmaceutical product, the grounds on which the...
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TRIPS and compulsory licensing
15 March 2012
Following on from his IPKat post about India granting its first compulsory licence, Darren Smyth explores what limitations the TRIPS agreement puts on compulsory licensing in his latest blog.
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India grants first compulsory licence
14 March 2012
The first compulsory licence has been granted by the Controller of Patents Mumbai.The application concerns the anti-cancer drug Sorafenib, a patented drug owned by Bayer Corporation.
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