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...
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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...
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Infringement
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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...
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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...
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Amendments and subject matter extensions
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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...
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Infringement
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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.
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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...
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Recent cases
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Jurisdiction
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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...
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Appeal
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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.
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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...
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UPC
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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.
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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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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...
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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...
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Basic
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Infringement
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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...
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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...
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Provisional injunction
Other Case Reports
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Technology and Climate change
04 March 2024
Key points The transition to green energy may reduce the cost of energy as renewable energy becomes cheaper than fossil fuels for most applications. Cheaper energy will support future technology.
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A Year in Patents - Part 4/4: Back to School—and Back to Exams
29 February 2024
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. This is the final instalment of the series.
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IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits
23 February 2024
Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark "mercury" in relation to high...
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Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute
15 February 2024
Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited ("CCL") for a declaration of non-infringement of EP (UK) 1...
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Deletion of “claim-like” clauses: an EPO Board of Appeal allows them to remain in the granted patent (T 0438/22)
14 February 2024
Summary A recent decision T 0438/22 from the EPO's Boards of Appeal questions the justification for the EPO's Guidelines for Examination requirement that "claim-like" clauses in the description of...
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EPO Board of Appeal applies the G2/21 test for post-published evidence
09 February 2024
The EPO Board of Appeal decision on T 0852/20 has recently been published. It is another decision using the new test under G 2/21, which set out when post-published evidence can be relied upon for...
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Abbott v Dexcom [2024] EWHC 36 (Pat)
24 January 2024
Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has...
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Amendments to Rules of Procedure of the Boards of Appeal: attempt to enhance timeliness for cases involving parallel litigation
23 January 2024
Summary On the 1 January 2024, amendments made to the Rules of Procedure of the Boards of Appeal came into force [1]. A change to Article 15(1) means that a Board can now summon parties to oral...
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Admissibility before Boards of Appeal at the EPO: Current state of play
10 January 2024
The EPO's Technical Boards hear appeals from decisions of the Examining and Opposition Divisions with the primary aim of providing a factual and legal review of the first instance decision and not to...
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Design Piracy or Functional Necessity: Court Rules on Breast Pump Battle in Chiaro Technology Limited v Mayborn (UK) Limited
09 January 2024
The Claimant, Chiaro Technology Limited ("Chiaro"), is the owner of a number of registered designs of which several are incorporated into its product the ‘Elvie', a wearable breast pump.
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Bioinformatics or Techbio: Semantic musings from a patent perspective
08 January 2024
Bioinformatics has become an increasingly discussed topic in our increasingly digital world. Data analysis has always been part of biology but the increasing need and desire to analyse large data...
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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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