Case Reports
UPC Case Reports
Philips successfully asserts wireless charging patent at the UPC
23 October 2024
Koninklijke Philips N.V. v. Belkin GmbH, Belkin Limited, Belkin International, Inc. (UPC_CFI_390/2023) Decision of 13 September 2024 (ORD_598464/2023)[1] Philips asserted their patent EP 2867997[2],...
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Infringement
Intervention by patent pool administrator permitted
22 October 2024
NEC Corporation v TCL Communication Technology Holdings Ltd. & Others (UPC_CFI_153/2024) Order dated 2 October 2024 (ORD_46842/2024)[1] NEC Corporation ("NEC") sued seven companies within the TCL...
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Intervention
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Representation
Lisbon Local Division Refuses Provisional Injunction due to Delay
21 October 2024
Telefonaktiebolaget LM Ericsson v Asustek Computer Inc, Arvato Netherlands B.V., Digital River Ireland Ltd. (UPC_CFI_317/2024) Decision of 15 October 2024 (ORD_52116/2024[1]) This judgment relates to...
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Provisional injunction
UPC rules that in house lawyers cannot act as UPC representatives
16 October 2024
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_CFI_164/2024) Order of 16 September 2024 (ORD_41174/2024)[1] This decision of the Paris Central Division of the UPC arose in...
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UPC
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Representation
Central Division (Paris seat) issues the first decision by default in a revocation proceeding
14 October 2024
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. (UPC_CFI_412/2023) Order dated 16 September 2024 (ORD_51965/2024) concerning EP 2 796 333 The patent in suit EP 2 796 333 relates to...
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UPC
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Revocation
UPC Court of Appeal Confirms Provisional Injunction for Ortovox
04 October 2024
Mammut vs Ortovox Court of Appeal Luxembourg Order of 25 September 2024 [1] UPC_CoA_182/2024, APL_21143/2024 Introduction In its order dated 09 April 2024, the Düsseldorf Local Division reviewed the...
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UPC
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Appeal
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Infringement
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Provisional injunction
Hamburg Local Division grants ex parte provisional injunction based on exhibition at IFA trade fair 2024 in Berlin
26 September 2024
Koninklijke Philips N.V. v Shenzhen Yunding Information Co., Ltd. (UPC_CFI_516/2024) ORD_50890/2024 dated 9 September 2024 concerning EP 3 197 316 After visiting trade fair IFA 2024, which started on...
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UPC
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Provisional injunction
UPC LD Munich further defines the limits for issuing a preliminary injunction
25 September 2024
Syngenta v Sumi Agro UPC_CFI_201/2024 Order dated 27 August 2024 ORD_47657/2024[1] Syngenta Limited ("Syngenta") applied for a preliminary injunction against Sumi Agro ("Sumi").
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UPC
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Provisional injunction
UPC Orders Provisional Injunction in relation to barcode reading software
10 September 2024
Hand Held Products, Inc. v Scandit AG UPC_CFI_74/2024 Order of 27 August 2024 ORD_46277/2024[1] The claimant Hand Held Products, Inc. is the proprietor of EP3866051, registered as a Unitary Patent,...
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UPC
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Recent cases
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Intervention
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Inventive step
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Provisional injunction
UPC Court of Appeal Clarifies Jurisdiction on indirect infringement
10 September 2024
Aylo Premium Ltd, Aylo Billing Limited and Aylo Freesites Ltd v Dish Technologies and Sling TV UPC_CoA_188/2024 Order of 3 September 2024 ORD_42716/2024[1] Dish is the proprietor of EP 2479680 and...
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UPC
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Jurisdiction
UPC Refuses Provisional Injunction finding imminent infringement not substantiated
09 September 2024
Novartis AG and Genentech, Inc. v Celltrion Inc. UPC_CFI_166/2024 Novartis AG and Genentech, Inc. v Celltrion Healthcare Hungary Kft., Celltrion Healthcare Deutschland GmbH, Celltrion Healthcare...
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UPC
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Infringement
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Jurisdiction
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Provisional injunction
UPC Jurisdiction over Ireland: Not so fast says Court of Appeal
22 August 2024
On 19 August 2024, the Court of Appeal (CoA) of the Unified Patent Court issued its order (UPC_CoA_388/2024 APL_39884/2024) on an application for suspensive effect in the appeal by Sibio Technology...
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UPC
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Recent cases
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Appeal
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Provisional injunction
Mannheim Local Division Finally Dispenses with Service by Hague Procedure
15 August 2024
Panasonic Holdings Corporation v Xiaomi H.K. Limited (UPC_CFI_330/2024, UPC_CFI_332/2024 and UPC_CFI_335/2024) Orders of 1 August 2023 (ORD_44601/2024, ORD_44597/2024, ORD_44656/2024)[1] Panasonic...
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UPC
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Service of actions
Costs orders at UPC
14 August 2024
Two recent decisions highlight procedural points to be aware of when seeking costs. VusionGroup SA (formerly SES-imagotag SA) v Hanshow Germany GmbH & Ors (UPC_CFI_292/2023; UPC_COA_1/2024) Court of...
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UPC
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Recent cases
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Appeal
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Costs
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Provisional injunction
Steps needed following evidence preservation order
13 August 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023; UPC_COA_177/2024) Court of Appeal Order dated 23 July 2024 (ORD_36778/2024) [1] Progress Maschinen &...
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UPC
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Appeal
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Preservation of evidence
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Time limits
Other Case Reports
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The Fight to Protect Copyright Content from Unlicensed Streaming Websites
27 October 2021
Columbia Pictures, Disney, Netflix & Ors v British Telecommunications, Sky, Virgin & Ors [2021] EWHC 2799 (Ch)The applicants (the "Studios") are members of popular studio groups who own the copyright...
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Proud to be limitless
26 October 2021
Dear young Vanessa,I know you’re about to undergo another operation, in fact I’ve lost count. You were born with a congenital deformity, despite having many surgeries, it’s a long- term condition but...
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World Mental Health Day 2021: Mental Health & Technology in an Unequal World
12 October 2021
Every time I start talking about mental health, I always add a caveat. It varies in tone from regretful to wry, but it always carries the same message. "I do not speak for everyone," it says.
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Stone v Wenman: The Trademark Battle of Two Spiritual Therapists, ‘Archangel Alchemy’
28 September 2021
Claire Stone (“Stone”) pursued a trademark infringement case against Alexandra Wenman (“Wenman”) for the use of the sign “ARCHANGEL ALCHEMY”. Wenman made a counter claim for passing off which...
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Unlocking healthcare with AI
16 September 2021
Much has been written about the development of artificial intelligence (AI) and its potential to reshape everyday life.This potential is already being realised in healthcare, with health...
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Music copyright case discusses originality requirement
06 September 2021
Kelly-Marie Smith, a singer/songwriter and member of the Voice UK duo Nu-Tarna, brought a copyright action against nine defendants including members of the band “Rudimental” and James Newman.
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Ask the Experts: What can I do if someone is using my invention without my permission?
02 September 2021
In the previous articles, we looked at the mechanics of filing a patent application. In this last article of our ‘Ask the Experts' series, we will be addressing some of the other ways in which a...
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Should I get my Patent Application to Grant as Fast as Possible?
28 July 2021
Why do patents take so long to grant?Progressing a patent family through to grant can take a notoriously long amount of time, particularly when an applicant is looking to protect their invention in a...
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How could internal combustion engines help drive decarbonisation?
22 July 2021
Last week, the UK Government announced that sales of new petrol and diesel heavy goods vehicles (HGVs) will be banned by 2040. The UK's Road Haulage Association supports the aim, but in a press...
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If you claim ‘a duck’, does it have to quack? - Construction of technical terms
08 July 2021
IntroductionIt is said that ‘if it walks like a duck, and quacks like a duck, then it probably is a duck'. However, if a claim refers to ‘a duck' feature, what does that imply about how the claimed...
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Fox v Teleta: a Cautionary Tale for Potential Claimants
29 June 2021
Fox Group International Ltd (“Fox”) pursued a claim for trade mark infringement and passing off against Teleta Pharma Limited (“Teleta”) but later discontinued after establishing the goods were...
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Add2 Research and Development Ltd v dSPACE – Judge asked to consider pre-action protocol for patent actions
28 June 2021
Add2 Research and Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (https://www.bailii.org/ew/cases/EWHC/Patents/2021/1630.
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United States v. Arthrex - An Executive Dysfunction
24 June 2021
The United States Supreme Court issued a ruling on United States v. Arthrex on Monday 21 June, addressing the constitutionality of the way in which the Patent Trial and Appeal Board (PTAB) is...
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Nike Just Do It Again in “FOOTWARE” Trade Mark Dispute Against Puma
18 June 2021
The UK High Court dismissed Puma SE's ("Puma") appeal against UK IPO decision O-415-20 (the "Decision") relating to the registration of the word mark "FOOTWARE" by Nike Innovate C.V ("Nike).
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EIP tops rankings in FT list of Europe’s Leading Patent Law Firms
17 June 2021
EIP has today topped the rankings in a special report commissioned by the FT of Europe’s Leading Patent Law Firms. This is the third year the FT has prepared this joint report with Statista and each...
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