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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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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Revocation
Other Case Reports
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Tulip Mania - Can an individual or group be said to have de-facto control over a cryptocurrency network?
27 April 2023
(Tulip Trading Limited v Van der Laan and Others [2023] EWCA Civ 83)In the Dutch Golden Age, circa 1634, the price of tulip bulbs temporarily reached extraordinarily high levels as market speculators...
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Late Change to Commission SEP Proposal Suggests Flawed Process
27 April 2023
The European Commission today published it's Proposal for a Regulation on Standard Essential Patents (COM(2023) 232 final 2023/0133 (COD)). An initial and amended version had both been leaked shortly...
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G2/21 – Enlarged Board Rules that Plausibility is Not the Answer
25 April 2023
Before the European Patent Office, applicants frequently wish to rely on experimental evidence obtained after the filing date of the patent application ("post-filed evidence") in order to support an...
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Software developer found to have copied former employer's code despite using different programming language and deleting the original source code
18 April 2023
BackgroundThe claimants are two companies ("PQ") that produced quality assurance software, in particular statistical process control ("SPC") software and gauge management software.
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Court of Appeal ends anticipation for InterDigital’s 3G Standard Essential Patent by revisiting claim construction
23 March 2023
This Update deals with an interesting determination of the Court of Appeal before Lord Justices Lewison, Asplin, and Arnold where they overturned a finding of anticipation (lack of novelty) made by...
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A pig in wolf’s clothing? Wolfoo unable to avoid valid service by providing multiple email addresses for service.
06 March 2023
Entertainment One UK Limited & Anor v SCN Media Ltd & Ors [2022] EWHC 3295 (Ch)A seemingly global battle has begun between the owners of Peppa Pig and the makers of Wolfoo.
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Tulip - a cautionary tale. Do software developers owe a fiduciary duty to users of the code they write? (Tulip Trading v Van Der Laan and Others)
27 February 2023
SummaryOn 3 February 2023, the Court of Appeal in England ruled that the dispute between the Claimant, Tulip Trading Limited ("Tulip Trading") and the Defendants, who are sixteen bitcoin developers...
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Director’s Liability Caught in a Tangle in Toy Making Feud in UK High Court
17 February 2023
In Tangle Inc ("Tangle") and One for Fun Ltd ("One for Fun"), Mr David Stone (sitting as Deputy High Court Judge) had to consider the liability of three directors from One for Fun as joint...
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InterDigital v Lenovo [2023] EWCA Civ 34
16 February 2023
BackgroundAt first instance, His Honour Justice Hacon found EP 2 485 558 valid and essential to LTE. Lenovo were granted permission to appeal by Lord Justice Arnold against a finding of inventive...
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A Year in Patents - Part 1/4: Swapping Simulations for the Patent Profession
14 February 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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Key provisions and IP considerations of the incoming EU CHIPS Act
13 February 2023
This article originally appeared in IAM. Draft regulation not explicit on IP policy but some early guidance is on offer Act offers extensive opportunities for investment and collaboration Risk that...
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Oxford University Innovation Limited v Oxford Nanoimaging Limited – a tale of pies and slices
03 February 2023
SummaryIn a very long and detailed judgment, Daniel Alexander KC, sitting as a High Court judge, examined a number of issues relating to successful inventions arising out of research work carried out...
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VLSI agrees to dismiss latest semiconductor patent complaint against Intel in Delaware
01 February 2023
EIP partner Andrew Thompson has recently written an article for The Patent Lawyer on the VLSI v Intel case regarding a semiconductor patent complaint. Read the full article here.
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Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent
19 January 2023
Anan Kasei Co. Limited & Anor v Neo Chemicals & Oxides (Europe) Limited [2023] EWCA Civ 11The Court of Appeal has recently delivered judgment dismissing the Claimants' appeal in the long-running Anan...
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Stepping through Alice’s looking glass: Sir Anthony Mann considers the purpose of DNI actions and unlikely payments of renewal fees
17 January 2023
Lisa Dräxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat)Background The claimant (Dräxlmaier) sought a declaration of non-infringement under s.71 of the Patents Act (s.
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