Case Reports

UPC Case Reports

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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UPC
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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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UPC
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Recent cases
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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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UPC
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Recent cases
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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
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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UPC
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
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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UPC
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Recent cases
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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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UPC
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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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UPC
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Recent cases
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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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Recent cases
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Revocation
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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UPC
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Recent cases
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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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UPC
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Recent cases
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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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Recent cases
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Provisional injunction

Other Case Reports

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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No declaration of non-infringement for Oh Polly no matter the colour
10 May 2021
Two form of order hearings have taken place in Original Beauty v G4K. In the first one, the Judge heard the Defendants’ request for a declaration of non-infringement and at the second the Judge...
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Decision in seed drill patent infringement IPEC hearing
27 April 2021
BackgroundClaydon Yield-O-Meter Limited (‘Claydon') and Mzuri Ltd (‘Mzuri') both manufacture and sell agricultural equipment, including seed drills.
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Eminem’s First Record Label Fails to Stand Up and Succeed Fully in Damages Claim
27 April 2021
Last week, the Intellectual Property Enterprise Court ("IPEC") heard the trial of quantum in the claim between F.B.T. Productions, LLC ("FBT") and Let Them Eat Vinyl Distribution Limited ("LTEV") for...
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UK Court of Appeal hands down judgment in trade mark disputes between Gymnastics associations
12 April 2021
UK Gymnastics Ltd & Ors v British Amateur Gymnastics Association [2021] EWCA Civ 425 (24 March 2021)The Court of Appeal recently gave its judgment in a trade mark and passing off dispute between...
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Original Beauty’s originality not passed off by Oh Polly
01 April 2021
In Original Beauty v G4K, the High Court takes a closer look at when using someone else’s garment when designing your own stops being a source of inspiration and becomes an act of outright copying.
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Rare EPO decision regarding biological deposits and biological material used in an invention being "available to the public"
29 March 2021
In decision T1045/16, EPO Technical Board of Appeal considered whether a patent relating to virus-resistant melons met the requirements of Article 83 EPC.
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UK High Court rules that an argument for equivalents needs more than just a “Like” in Facebook v Voxer
29 March 2021
At a pre-trial review (“PTR”), heard on 19 March 2021, Lord Justice Birss, sitting down from the Court of Appeal, had to decide whether an infringement case based on the doctrine of equivalents which...
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Protecting Artificial Intelligence Inventions in the UK
25 March 2021
Last year, the UK IPO called for views on the relationship between Artificial Intelligence (AI) and the intellectual property (IP) system. On 23 March 2021, the UK IPO published their response to the...
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EPO Revocation helps Mylan sleep Neurim’s win from right under them
16 March 2021
In the latest bout between Neurim v Mylan in this pharmaceutical patent case concerning the treatment of insomnia and what looks to be Round 5 in the court room, on 12 March 2021, the English Patents...
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Reality check for patenting computer-implemented simulations at the EPO
15 March 2021
In its decision G1/19 (Simulations), the Enlarged Board of Appeal of the EPO has confirmed that it is business as usual when assessing the patentability of computer-implemented inventions, even when...
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UK Patent Box scheme set to become an even more valuable tax benefit
12 March 2021
The UK Patent Box scheme is set to become an even more valuable tax benefit in the near future. With Chancellor Rishi Sunak's announcement of higher corporate tax rates from 2023, larger and more...
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