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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Recent cases
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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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UPC
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Recent cases
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Provisional injunction

Other Case Reports

End of the line: DABUS reaches its final stop in the UK
22 December 2023
On 20 December 2023, the Supreme Court of the United Kingdom handed down its judgment in Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49 in which it unanimously...
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Therapists’ passing-off claims, libel and harassment allegations unravelled
15 December 2023
This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com.
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Report on EPO Patent Knowledge Week
13 December 2023
The European Patent Office (EPO) has recently held many online conferences but the real highlight has been the Patent Knowledge week. There were three full days on 28-30 November discussing AI, the...
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Clause Ambiguity and Contract Disputes: Insights from Capita v IBM (2023)
07 December 2023
Introduction This case relates to (as stated by the judge) a "rare dispute as to the construction of a contract where one or both parties do not make some appeal to matters of factual matrix to...
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Fast Chips: US PTO launches fast-track examination for semiconductor patents
05 December 2023
The USPTO has announced a Semiconductor Technology Pilot Program for fast-track examination of qualifying semiconductor-related inventions. The program is designed to support the US CHIPS Act, which...
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Be careful what you wish for - Court of Appeal refuses to let party rely on argument it had dropped multiple years ago
30 November 2023
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 The Court of Appeal has denied Lufthansa permission to rely on certain arguments at an upcoming damages inquiry...
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Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR
29 November 2023
Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR, in particular Article 3(2)(b)? (Clearview AI Inc v The...
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G 2/21 applied by the referring EPO Technical Board; useful guidance on the test for reliance on post-published evidence in the post plausibility era
29 November 2023
The referring Board to G 2/21 has now published its full written decision in T 0116/18, following the issuance of the minutes in September. The Decision attempts to clarify the requirements of G...
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EPO
Court refuses to close the stable door after the horse has bolted in patent dispute
23 November 2023
Saint-Gobain Adfors S.A.S v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) The High Court has rejected an application made by 3M to restrict Saint-Gobain's use of information disclosed by 3M...
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It’s been emotional: the High Court says goodbye to excluding AI inventions as computer programs
22 November 2023
On 21 November 2023 the High Court of England and Wales published its judgment in Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch) in which it found a patent application...
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What a relief! Court of Appeal permits a party to rely on evidence served two years late
13 November 2023
Lufthansa Technik AG v Panasonic Avionics Corporation [2023] EWCA Civ 1273 The Court of Appeal has granted Panasonic an extension of time to a deadline so that they can rely upon a witness statement...
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Astellas’ Validity Success Not Enough to Catch Competitors’ Products on Overactive Bladder Treatment
03 November 2023
The High Court has handed down its judgment in Astellas v Teva and Sandoz regarding Astellas' patent covering treatment for overactive bladder.
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Dr Marian Rogers Croak, Black History Month 2023
30 October 2023
In this our fifth and final article for Black History Month 2023, we profile Dr Marian Rogers Croak. Dr Marian Rogers Croak is one of a few contemporary black inventors whose work has been...
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EPO-EUIPO report: Patents and trademarks improve likelihood of start-ups securing funding
25 October 2023
On 17th October 2023 the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) published a report on a joint study into the impact patents and trademarks can have...
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Dr Valerie Thomas, Black History Month 2023
23 October 2023
Our fourth article in our series of articles celebrating Black History Month shines a spotlight on the pioneering scientist and inventor, Dr Valerie Thomas.
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