Case Reports

UPC Case Reports

Access to documents from revocation action
17 May 2024
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...
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Recent cases
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Access to documents
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Appeal
SEP Litigation and Self-Inflicted Disclosure Orders
17 May 2024
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...
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UPC
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Recent cases
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Disclosure
Language change not allowed if not language of the patent
16 May 2024
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.
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UPC
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Recent cases
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Language
Unchallenged claims of patent cannot be amended
16 May 2024
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...
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UPC
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Recent cases
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Amendments and subject matter extensions
Composition of appeal panel and access to documents
15 May 2024
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.
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UPC
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Recent cases
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Access to documents
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Appeal
REVIEW of EX PARTE PI
13 May 2024
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...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Language change refused by the UPC
13 May 2024
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...
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UPC
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Recent cases
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Language
Splitting proceedings in respect of multiple defendants in different jurisdictions
10 May 2024
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...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
UPC Court of Appeal Confirms Deadline to Appeal Orders
01 May 2024
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...
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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
UPC emphasises importance of formal service
22 April 2024
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.
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UPC
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Recent cases
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Service of actions
Variable Views on Confidentiality
19 April 2024
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...
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UPC
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Recent cases
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Confidentiality
Bringing an action following preservation of evidence
15 April 2024
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...
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UPC
Adding a patent to existing proceedings
11 April 2024
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...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Time limits
Error in Defendant not Fatal to Revocation Claim
09 April 2024
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,...
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UPC
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Recent cases
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Other procedural aspects
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Revocation
UPC Refuses to Admit Further Amendment Requests
08 April 2024
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...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Other procedural aspects
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Revocation

Other Case Reports

Mobility-as-a-Service – have you protected your assets from the competition?
20 June 2023
Mobility-as-a-Service is envisioned as the tool to bring about a greener and more sustainable world and the backbone to ensuring people have a seamless customer experience in achieving it.
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No Leg to Stand On: Claimant left out of pocket as hopeless case fails to establish design for cargo trousers is original or infringed
19 June 2023
KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the...
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Advanced Bionics v Med-El – Court of Appeal upholds invalidity of patent
12 June 2023
This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a...
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Sandoz v BMS – Court of Appeal grapples with plausibility again
07 June 2023
Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme...
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Preserving the strict deadline of urgency in patent preliminary injunction proceedings
31 May 2023
A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II" (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22,...
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Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents
26 May 2023
Nicoventures Trading Limited v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) Another judgment has recently been handed down in the ongoing global dispute between tobacco giants British...
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European Commission Proposals on Data Exclusivity and the Bolar Exemption
25 May 2023
On 26 April, the European Commission published proposed legislation (specifically a new Regulation and a new Directive) aimed at reforming EU legislation in relation to pharmaceuticals.
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The UK National Semiconductor Strategy: a first glance
23 May 2023
The UK Government has released its National Semiconductor Strategy. The Strategy sets out the UK Government's vision for the semiconductor industry in the UK, and details funding and other...
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Mental Health Awareness Week 2023 - Anxiety
17 May 2023
At the outset, it must as usual be remarked that this piece should not be relied upon for treatment, solution, comfort or calm. This, and other works like it, are written from but a singular...
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A Year in Patents - Part 2/4: Getting to Grips with the Law
16 May 2023
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.
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Winds of Change: Taking Advantage of The New Unitary Patent
11 May 2023
As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology.
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Reining IT in – Differing Approaches to AI Regulation in the UK and the EU?
09 May 2023
IntroductionWhen researchers at Darmouth College coined the term ‘artificial intelligence' ("AI") in a research proposal in 1955, they could hardly have imagined the explosive impact the...
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EU Commission proposes EU-wide compulsory licences for the first time
28 April 2023
Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees.
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EU Commission Announces Major Reforms to Supplementary Protection Certificates
27 April 2023
The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe.
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The Deep Non-Thinker
27 April 2023
Lock up your authors! ChatGPT is here! And it's coming for your IP!The internet is awash with content written about, or written by, the new chat-bot in town, ChatGPT.
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