Case Reports
UPC Case Reports
Paris central division maintains cold chain monitoring patent in amended form
12 August 2024
Bitzer Electronics A/S v Carrier Corporation (UPC_CFI_263/2023) Decision of 29 July 2024 (ORD_598395/2023) [1] This decision concerns a revocation action brought at the Paris central division by...
#
UPC
#
Recent cases
#
Inventive step
#
Novelty
#
Other procedural aspects
UPC Orders Provisional Injunction on Mushroom Strain
12 August 2024
Amycel LLC v Szymon Spyra (UPC_CFI_195/2024) Order of 31 July 2024 (ORD_44133/2024) [1] Amycel LLC is the proprietor of EP 1993350, which is directed towards a specific mushroom strain, defined by...
#
UPC
#
Recent cases
#
Infringement
#
Novelty
#
Permanent injunction
Double/twofold “appropriateness-test” applied by Local Division The Hague in Procedural Order concerning R. 109 RoP
01 August 2024
Szymon Spyra v. Amycel LLC (UPC_CFI_195/2024) Procedural Order delivered on 25 June 2024 (ORD_35405/2024) In a procedural order from the UPC, the Local Division The Hague has decided on a...
#
UPC
#
Recent cases
#
Language
Paris central division maintains Edwards patent in amended form
30 July 2024
Meril Italy Srl and two other Meril entities v Edwards Lifesciences Corporation (revocation action UPC_CFI_255/2023 and counterclaims for revocation UPC_CFI_15/2023) Decision of 19 July 2024...
#
UPC
#
Recent cases
#
Amendments and subject matter extensions
#
Inventive step
Paris local division revokes DexCom patent
05 July 2024
DexCom, Inc. v Abbott Laboratories and nine other Abbott entities (UPC_CFI_230/2023) Decision of 4 July 2024 (ORD_37297/2024) [1] The second decision on the merits from the UPC, following just a day...
#
UPC
#
Recent cases
#
Infringement
#
Inventive step
#
Jurisdiction
Düsseldorf Local Division issues the first UPC decision on the merits and grants injunction in seven UPC member states
04 July 2024
Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG (UPC_CFI_7/2023) Decision of 3 July 2024 (ORD_598324/2023 [1]) concerning EP 3 375 337 B1 Franz Kaldewei GmbH & Co.
#
UPC
#
Recent cases
#
Infringement
#
Inventive step
#
Novelty
Abbott v. Sibio: a tale of two applications for provisional measures
26 June 2024
The Hague Local Division of the Court of First Instance of the UPC has recently issued two decisions concerning provisional measures involving the same parties - the Patentee Applicant, Abbott...
#
UPC
#
Recent cases
#
Jurisdiction
#
Provisional injunction
Defective opt out allows revocation action to proceed at the UPC
13 June 2024
Toyota Motor Europe NV/SA v Neo Wireless GbmH & Co KG (UPC_CoA_79/2024) Appeal against Order no. 597664/2023[1] in case UPC_CFI_361/2023 of the Central Division, Paris seat Order of 4 June 2024...
#
UPC
#
Recent cases
#
Appeal
#
Jurisdiction
#
Opt out
The Unified Patent Court Turns 1 - Discover the Impact
06 June 2024
Darren Smyth provides a summary of the first year of the UPC's operation.
#
UPC
#
Analysis
UPC Court of Appeal guidance on stay
31 May 2024
BITZER Electronics A/S v Carrier Corporation (UPC_CFI_263/2023; UPC_CoA_22/2024) Order of 28 May 2024 (ORD_25123/2024)[1] Carrier Corporation is the proprietor of European Patent EP 3 414 708 valid...
#
UPC
#
Recent cases
#
Suspension (stay) of proceedings
Security for Costs
28 May 2024
Ballinno B.V. v Union des Associations Européennes de Football (UEFA), Kinexon GmbH and Kinexon Sports & Media GmbH (UPC_CFI_151/2024) Order of 14 May 2024 (ORD_23557/2024)[1] Ballinno B.V.
#
UPC
#
Recent cases
#
Appeal
#
Costs
#
Security for costs
UPC rules it has jurisdiction in cases where a claim is brought in violation of a contract
23 May 2024
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH (UPC_CFI_589997/2023) Order of 10 May 2024 (ORD_7903/2024) [1] Tandem Diabetes Care, Inc & Tandem Diabetes Care...
#
UPC
#
Recent cases
#
Jurisdiction
UPC allows intervention by Licensee
22 May 2024
Seoul Viosys Co., Ltd. v. expert klein GmbH, expert e-Commerce GmbH (UPC_CFI_363/2023) Order of 22 April 2024 (ORD_5343/2024)[1] Seoul Viosys sued expert klein GmbH and expert e-Commerce GmbH for...
#
UPC
#
Basic
#
Infringement
#
Intervention
Interpretation allowed only at party’s own cost
21 May 2024
CEAD B.V. & CEAD USA B.V. v BEGO Medical GmbH (UPC_CFI_367/2023) Order of 10 May 2024 (ORD_24708/2024)[1] The UPC is an international system in which a large number of languages may be employed, and...
#
UPC
#
Recent cases
#
Language
UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup
17 May 2024
VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused...
#
UPC
#
Recent cases
#
Appeal
#
Infringement
#
Provisional injunction
Other Case Reports
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
YouView facing a re-brand after High Court ruling on trademark infringement
19 June 2014
In the latest decision of a long-running battle over use of the trademark “youview”, the High Court issued a decision, this week, that may require the £100 million internet television service to...
No items found.
Benefits for UK businesses as the Intellectual Property Act receives Royal Assent in the UK
18 May 2014
UK Intellectual Property law was enhanced last week when the Intellectual Property Act 2014 (IP Act) was given Royal Assent. It is expected that the IP Act’s provisions will start to come into force...
No items found.
Uncertainty remains over medical device SPCs in Europe
09 April 2014
The UK Intellectual Property Office has refused to grant an SPC for a medical device, as noted in the decision BL O/141/14. Whilst those aware of the SPC legislation may not find this surprising, a...
No items found.
Trunki decision overturned based on different interpretation of scope of design
31 March 2014
A recent decision of the Court of Appeal of England and Wales has highlighted again the importance of the form and amount of detail shown in the views (formally called “representations”) of a design...
No items found.
Cosmetic Warriors in the High Court
16 March 2014
In Cosmetic Warriors Limited & Lush Limited v Amazon.co.uk Limited & Amazon EU SARL, Mr John Baldwin QC (sitting as deputy judge) found that the aforesaid Amazon companies (collectively referred to...
No items found.
Betty Boop as a badge of origin
06 March 2014
In Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) Mr Justice Birss held that A.V.E.L.A. Inc. and its co-defendants (together “AVELA”) have infringed Hearst Holdings Inc.
No items found.
No Glee in the UK with Reverse Confusion
27 February 2014
Roger Wyand QC (sitting as a Deputy High Court Judge) recently handed down judgment in Comic Enterprises Limited v Twentieth Century Fox Film Corporation [2014] EWHC 185 (Ch).
No items found.
The sticky question: when is a GUI-related invention “technical”?
10 December 2013
Case law on the European Patent Office’s approach to non-technical inventions is quite a minefield. This is particularly so in relation to inventions that involve a presentation of information.
No items found.
Depressing result for Lundbeck as Resolution not kept down by legalities - the narrow scope of Privity of Interest
14 October 2013
Resolution Chemicals Ltd v H Lundbeck A/S Court of Appeal (Civil Division), 29 July 2013Lundbeck’s patent for the pharmaceutical enantiomer escitalopram has been extensively litigated worldwide.
No items found.
Quicker, cheaper, easier!
10 October 2013
Two sets of changes to the framework for proceedings between parties in intellectual property (IP) disputes in the UK were both introduced on 1 October 2013.
No items found.
FA Premier League takes the lead in battle against linking to infringing match content
01 October 2013
Football Association Premier League Ltd v British Sky Broadcasting Ltd and others [2013] EWHC 2058 (Ch)SummaryBy way of a hearing on 16 August 2013, the Football Association Premier League (“FAPL”),...
No items found.
Smart card patents that were not so smart
29 September 2013
In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV[2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning...
No items found.
Let’s get ready to litigate
26 September 2013
Boxing Brands Limited and (1) Sports Direct International PLC, (2) Queensberry Boxing IP Limited, (3) Sportsdirect.com Retail Limited and (4) Lillywhites Limited – 8 to 12 July 2013 – Mr Justice...
No items found.
Fenty & Ors v Arcadia Group - Rihanna gets shirty with Topshop
25 September 2013
SummaryIn this High Court case ([2013] EWHC 2310 (Ch)), Birss J held that the UK high-street fashion chain Topshop committed an act of passing off when they sold T-shirts emblazoned with a photograph...
No items found.
The strengths Of Registered Designs: how Trunki fought off the competition
23 September 2013
Viewers of the TV show “Dragons’ Den” might remember the now highly successful Trunki children’s ride-on suitcase which was unanimously rejected by the Dragons as a bad idea.
No items found.
Stay in the Know
The UPC Newsletter
Get expert insights and the top patent stories delivered straight to your inbox.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form. Please try again.