Case Reports
UPC Case Reports
Intervention request refused
16 April 2025
Accord Healthcare B.V. & Others v Novartis AG (UPC_CFI_6984/2024) Application to Intervene by Zentiva K.S. and Zentiva Portugal, LDA Order of 27 March 2025 (ORD_10348/2025)[1] The Claimants...
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Recent cases
Costs assessment following interim measures at UPC
03 April 2025
SSAB Swedish Steel GmbH & SSAB Europe Oy v Tiroler Rohre GmbH (UPC_CFI_640/2024) Orders of 10 February 2025 (Order nos. ORD_68941/2024[1] and ORD_65844/2024[2]) This is a decision on the...
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UPC
Related actions filed in different UPC divisions
01 April 2025
biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH, S.I.A. LIGHTGUIDE International (UPC_CFI_714/2024) Order of 12 February 2025 (ORD_68717/2024[1]) On 20 November 2024, the Claimant...
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Infringement
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UPC
Independence of representatives
28 March 2025
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_COA_563/2024; APL_53716/2024) Appeal Order of 10 February 2025 (APL_68946/2024)[1] The Appellant ("Suinno") filed an...
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UPC
Security for costs refused in revocation action
24 March 2025
AYLO PREMIUM LTD v DISH Technologies L.L.C. (UPC_CFI_198/2024) Order of 18 February 2025 (Order no. ORD_59528/2024[1]) Written by Emily Williams The Central Division (Paris Seat) has rejected a...
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Recent cases
Ceiling for recoverable costs still applies in the case of multiple Defendants
18 March 2025
Imbox Protection A/S v. Brunngård Group AB & Footbridge Group AB (UPC_CFI_527/2024) Order of 17 February 2025 (Order no. ORD_68981/2024[1] relating to EP 2 276 862) The Stockholm Local Division of...
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Costs
Decisions by Default granting Provisional Injunctions
05 February 2025
air up group GmbH v Guangzhou Aiyun Yanwu Technology Co., Ltd. UPC_CFI_508/2023 and UPC_CFI_509/2023 Decisions by default of 9 January 2025 (ORD_1359/2025[1] and ORD_1378/2025[2]) The claimant...
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Provisional injunction
Infringement action following provisional injunction
22 January 2025
Syngenta Limited v Sumi Agro Limited and Sumi Agro Europe Limited (UPC_CFI_201/2024) Order of 12 December 2024 (ORD_65555/2024[1]) As we reported,[2] Syngenta obtained a provisional injunction...
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UPC
UPC Finds Patent Infringed by Equivalence
21 January 2025
Plant-e v Arkyne UPC_CFI_239/2023 Decision of 22 November 2024 (ORD_598516/2023 [infringement] ORD_598513/2023 [counterclaim for revocation]) The first claimant Plant-e Knowledge B.V.
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UPC grants two orders to seize suspected infringing motorcycle tyres
17 January 2025
Pirelli Tyre S.P.A. v Tianjin Kingtyre Group Co., Ltd. and Kingtyre Deutschland Gmbh. (UPC_CFI _650/2024 relating to EP2519412B1) Pirelli Tyre S.P.A. v Sichuan Yuanxing Rubber Co., Ltd.
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Security not released after revocation at first instance
16 January 2025
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC_CFI_252/2023) Decision of 17 December 2024 (Order no. ORD_56957/2024 relating to EP 2 794 928 B1) Introduction...
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UPC grants provisional injunctions on rotary electric engines
13 December 2024
Valeo v Magna (UPC_CFI_368/2024 relating to EP3320604 and UPC_CFI_347/2024 relating to EP3320602) Orders of 31 October 2024 (ORD_56534/2024[1] and ORD_56545/2024[2]) Valeo Electrification sought...
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Provisional injunction
Security for the Claimant in Revocation Action
07 November 2024
KINEXON SPORTS & MEDIA GMBH vs BALLINNO B.V. (UPC_CFI_230/2024, Revocation Action No. ACT_27358/2024) Order of the CFI of the UPC Paris Central Division dated 14 October 2024 (ORD_47273/2024)[1] The...
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Security for costs
Sodastream prevails against competitor Aarke in an infringement dispute
05 November 2024
SodaStream Industries Ltd. v Aarke AB (UPC_CFI_373/2023) Decision of 31 October 2024 (ORD_598499/2023) [1] concerning EP 1 793 917 Sodastream (in the following "Claimant") and Aarke (in the following...
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Infringement
10x Genomics patent revoked
24 October 2024
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC 252/2023) Decision of 17 October, 2024 (ORD_598480/2023[1]) This decision from the Central Division in Munich...
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UPC
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Revocation
Other Case Reports
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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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