Case Reports

NJOY Netherlands B.V. v Juul Labs International, Inc. (UPC_CFI_316/2023); Application for access to documents by Nicoventures Trading Limited Order dated 24 April 2024 (ORD_587436/2023)[1] NJOY...

Panasonic Holdings Corporation v. Xiaomi Technology Germany GmbH & Ors (UPC_CFI_ 219/2023): Order of 30 April 2024 (ORD_14600/2024) [1] In an unusual turn of events, Panasonic successfully applied to...

F. Hoffman-La Roche AG, Roche Diabetes Care GmbH v Tandem Diabetes Care, Inc, Tandem Diabetes Care Europe B.V., VitalAire GmbH, Dinno Santé s.a.i., Air Liquide Healthcare Nederland B.

Carrier Corporation v. BITZER Electronics A/S UPC_CFI_263/2023 Order of 30 April 2024 (ORD_24607/2024)[1] BITZER Electronics filed a revocation action on 29 June 2023 against EP 3414708 at the Paris...

Ocado Innovation Limited v Autostore AS & Others (UPC_CoA_404/2023) Order dated 10 April 2024 (ORD_19369/2024)[1] A member of the public requested access to documents under Rule 262.

Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 09 April 2024[1] Introduction In its order dated 11 December 2023, the Düsseldorf Local Division (in the...

MED-EL v Advanced Bionics (UPC_CFI_410/2023) Order of 15 April 2024 (ORD_13321/2024)[1] MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. filed an infringement action in the German language at...

Panasonic Holdings Corporation v Xiaomi Inc et al UPC_CFI_218/2023, 219/2023 and 223/2023 Orders of 6 May 2024[1] Panasonic has sued multiple defendants from the Xiaomi group of companies for patent...

AIM Sport Vision v Supponor UPC_CoA_500/2023 Order of 26 April 2024 (ORD_23089/2024) There has been confusion in some of the first instance divisions of the Unified Patent Court as to whether certain...

Daedalus Prime v. Xiaomi and others Order of 18 April 2024 ORD_20986/2024[1] Daedalus Prime LLC filed a patent infringement action based on EP2792100 at the UPC local division in Hamburg.

In recent months the Local Divisions of Mannheim, Paris and Düsseldorf have given guidance on access to confidential material. These judgments address the procedure for protecting confidential...

Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023) Order dated 8 April 2024 (ORD_9710/2024)[1] Progress Maschinen & Automation AG ("PMA") filed...

Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order[1] of Court of Appeal on 11 March 2024 (UPC_CoA_44/2024); Appeal against ORD_593106/2024 of the CFI panel dated 18 January...

Juul Labs International, Inc. v. NJOY Netherlands B.V. (UPC_CoA_433/2023, UPC_CoA_435/2023, UPC_CoA_436/2023, UPC_CoA_437/2023, UPC_CoA_438/202)[1] Orders of 3 April 2024 (ORD_598223/2023,...

Meril Italy v Edwards Lifesciences UPC_CFI_255/2023 (Revocation action at Paris Central Division) Order of 28 February 2024 (ORD_7283/2024)[1] This order relates to the action brought by Meril Italy...

Environmental Recycling Technologies Plc v Upcycle Holdings Ltd [2013] EWPCC 4 – 5 February 2013.SummaryThis decision of the UK Patents County Court provides insight into the differences between UK...

This case ([2013] EWPCC 2), heard in the Patents County Court, concerns designs for electric shower units. Mira (the claimant) alleged that the Glee, Joy and Smile products, supplied by the defendant...

Over the past few months two actions concerning the validity and infringement of IPCom’s European Patent EP 1,841,268 (IPCom v Nokia (Claim No: HC 10 C01233) and HTC v IPCom (Claim HC 11 C02064))...

In October 2008 a factually complex trade mark infringement and passing off case, involving the interpretation of agreements under Italian Law, came before Mr Justice Arnold (Hotel Cipriani SRL & Ors...

Leno Merken BV v Hagelkruis Beheer BV (ONEL / OMEL)A test case cooked up by Benelux attorneys called into question one of the central tenets of the CTM system - that use of a CTM in just one member...

Partner Darren Smyth has made his first blog post for The IPKat following the announcement that he had become a full member of The IPKat team.

The applicability of the obvious to try question has been a thorny issue in UK patent law for some time, and the desire for a party seeking invalidity to apply this test has pervaded many recent...

(1) J.W. Spear & Sons Ltd (2) Mattel, Inc. & (3) Mattel UK Limited -and- ZYNGA, Inc. [2012] EWHC 3345 (Ch) – 28 November 2012.Arnold J’s summary dismissal of an infringement claim based on a UK trade...

In Marks and Spencer Plc v Interflora Inc [2012] EWCA Civ 1501, the Court of Appeal has effectively killed off what was a common place practice of adducing favourable evidence of confusion (or lack...

Liversidge v (1) Owen Mumford Limited (2) Abbott Laboratories LimitedIn April 2011, the claimant commenced patent infringement proceedings in the UK Patents County Court (“PCC”) against the...

A recent decision of the High Court has brought to a conclusion a dispute between Fine & Country Limited (F&C) and Okotoks Limited (formerly Spicerhaart Limited and part of the Spicerhaart Group of...

In the latest Eli Lilly v HGS ruling, the Court of Appeal has found HGS antibody claims to be sufficient, given the Supreme Court has already held the claims to be capable of industrial applicability.

The Patents Court has issued another judgment expressing dissatisfaction with the CJEU’s ruling in Medeva (C-322/10). In particular, the Court has held that in order to determine if a particular...

A High Court decision last month has provided guidance on how Article 110(1) of the Community Designs Regulation 6/2002/EC, which relates to the protection of designs for component parts of complex...

Woolley v Ultimate Products Ltd[2012] EWCA Civ 1038 (26 July 2012)Upholding a decision of the High Court, the Court of Appeal considered the effect of a licence, consumer confusion “the wrong way”...