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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UPC
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Recent cases
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Inventive step
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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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UPC
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Infringement
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Novelty
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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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UPC
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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...
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UPC
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Recent cases
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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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UPC
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Infringement
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Inventive step
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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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Infringement
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Inventive step
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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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UPC
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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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UPC
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Recent cases
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Appeal
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Jurisdiction
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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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UPC
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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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Recent cases
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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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UPC
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Recent cases
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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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UPC
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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
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Recent cases
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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...
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Appeal
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Infringement
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Provisional injunction
Other Case Reports
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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Hydrogen – an explosive gas or the future of green energy?
17 October 2023
The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP's Elements team,...
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Dame Elizabeth Anionwu, Black History Month 2023
16 October 2023
To celebrate Black History month and in keeping with the theme of ‘Saluting Our Sisters', I have chosen to write about a woman who has made enormous contributions in the field of healthcare.
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European Patent Office liberalises rules on priority
12 October 2023
The Enlarged Board of Appeal of the European Patent Office has issued its decision in the combined cases G1/22 and G2/22. With this decision, the likelihood that a priority claim is valid even where...
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Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
09 October 2023
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio's patent was found invalid for obviousness.
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