Case Reports
UPC Case Reports
C-KORE v Novawell Follow-up to the evidence preservation order: Paris Local Division explains the rules for reviewing such an order
08 April 2024
Procedural order of 1 March 2024 (UPC_CFI_397/2023) As previously mentioned, C_KORE Systems Limited ("C_KORE") is the proprietor of the patent EP 2265793 relating to the testing of subsea apparatus...
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UPC
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Recent cases
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Preservation of evidence
Joining a party
13 March 2024
Seoul Viosys., Ltd v Laser Components SAS (UPC_CFI_440/2023) Order dated 12 February 2024 (ORD_3311/2024) In this infringement case before the Paris Local Division the defendant, Laser Components...
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UPC
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Recent cases
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Appeal
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Intervention
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Other procedural aspects
Looking out for the little guy: the UPC’s approach on ordering security for costs on SMEs
11 March 2024
Plant-e Knowledge B.V. & Plant-e B.V v. Arkyne Technologies S.L. (UPC_CFI_239/2023) Order delivered on 13 February 2024 (ORD_586897/2023) Background The proceedings in this case are an infringement...
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UPC
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Recent cases
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Security for costs
Should a stay be ordered?
08 March 2024
10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...
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UPC
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Recent cases
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Appeal
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Suspension (stay) of proceedings
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
07 March 2024
In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...
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UPC
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Recent cases
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Appeal
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Inventive step
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Provisional injunction
A caution on the availability of extensions
05 March 2024
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...
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UPC
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Recent cases
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Revocation
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Time limits
Access to documents – representation
20 February 2024
Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...
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UPC
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Recent cases
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Access to documents
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Representation
Financial penalties for disclosure of confidential information
14 February 2024
In this article we discuss two cases which address financial penalties for breach of confidentiality. Krauss-Maffei Extrusion GmbH v Troester GmbH & Co KG (UPC_CFI_181/2023) Order of 27 December 2023...
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UPC
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Recent cases
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Confidentiality
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Penalty payment
Discretionary review or appeal?
13 February 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order of Court of Appeal on 11 January 2024 (UPC_CoA_486/2023); Appeal against ORD_588901/2023 dated 11 December 2023 Huawei sued...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
Discretion allowing in expert declarations
09 February 2024
Sanofi-Aventis Deutschland GmbH & Ors v Amgen Inc (UPC_CFI_1/2023) Order dated 24 January 2024 (ORD_2233/2024) The pleadings in this revocation action had progressed to the rejoinder by defendant...
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UPC
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Recent cases
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Evidence (expert)
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Other procedural aspects
AARKE AB v SODASTREAM Industries Ltd., Order of 16 January 2024
05 February 2024
Background In a dispute between Aarke AB, a Swedish company, and SodaStream Industries Ltd, an Israeli company, Aarke, as the defendant to infringement proceedings, successfully applied to change the...
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UPC
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Recent cases
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Language
Claim construction at the UPC
01 February 2024
For a European patent to be granted, the claims must be "clear and concise". However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity...
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UPC
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Recent cases
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Infringement
EX PARTE PI GRANTED
25 January 2024
Ortovox Sportartikel GmbH vs Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 11 December 2023[1] Introduction Ortovox Sportartikel GmbH (in the following...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Requirements for an intervention
23 January 2024
In the matter of an appeal by Ocado Innovation Limited and applications to intervene by (1) Mathys & Squire LLP and (2) Bristows (Ireland ) LLP Order of Court of Appeal dated 10 January 2024 By Order...
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UPC
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Recent cases
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Intervention
C-KORE v Novawell: Paris local division grants evidence preservation order in subsea testing apparatus dispute
10 January 2024
Order of 14 November 2023 (ORD_587064/2023) This was another successful application for preserving evidence, following those in the Oerlikon v Himson, Oerlikon v Bhagat Group, Jozef Frans Nelissen v...
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UPC
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Recent cases
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Infringement
Other Case Reports
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Supreme Court holds Pfizer pregabalin patent invalid
14 November 2018
Actavis and NHS England eligible to claim under cross-undertaking in damages.The Supreme Court decision in the litigation of Warner-Lambert (Pfizer) against Actavis and Mylan has been handed down...
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Significant judgment on Standard Essential Patents handed down by the Court of Appeal
23 October 2018
EIP has today secured a judgment on behalf of its client Unwired Planet, in a case which has significant international implications for all patent holders and licensees of Standard Essential Patents...
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Patent Box claims reach £942.5 million
01 October 2018
New preliminary data published by the UK Government for the tax year ending 2017 shows companies have saved a total of £942.5 million in tax relief by using Patent Box.
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Prickly dispute between tattoo artist and cactus shop dismissed
09 May 2018
Henry Martinez (T/A Prick) & Anr. v Prick me Baby One More Time Limited (T/A Prick) & Anr. [2018] EWHC 776 (IPEC)HH Judge Melissa Clarke dismisses passing off claim in prickly dispute between tattoo...
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Exhaust gas clarification patent found valid and infringed
08 May 2018
Anan Kasai Co. Ltd & Rhodia Operations S.A.S v Molycorp Chemicals & Oxides (Europe) Ltd [2018] EWHC 843 (Pat).Exhaust gas clarification patent found valid and infringed in claim by Solvay (formerly...
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UK Patents Court rejects jurisdictional challenge in SEPs case
16 April 2018
This morning the Patents Court, a division of the English High Court, handed down another important decision in the continuing development of the law relating to Standard Essential Patents (SEPs) and...
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Deutscher Bundesrat stimmt Patentreform zu
31 March 2017
Der Deutsche Bundesrat hat heute über zwei Gesetze abgestimmt, die der Reform des europäischen Patentsystems in Deutschland den Weg ebnen.Höhe- und Schlusspunkt dieser seit den 1960er Jahren...
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Legal opinion now available on the UK’s continuing participation in the UPC post-Brexit
16 September 2016
The IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers Association have obtained the opinion of leading counsel (Richard Gordon Q.C.
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IP Infringement: A question of fees
17 August 2016
In a recent application regarding appropriate Court fees (Lifestyles Equities CV v Sportsdirect.com Retail Ltd), the High Court confirmed that issuing a claim form limited to a claim for intellectual...
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The European Court of Justice's Advocate-General solves the Rubik’s Cube (trademark) puzzle
20 June 2016
The Rubik’s Cube is currently protected by a 3D trademark across the EU (Registration No. 162784), but perhaps not for much longer as the Attorney General of the Court of Justice of the European...
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Political Blunders: A Reminder to Clear Underlying Rights
16 June 2016
The announcement from Toyota on 9 June that it was considering making a “formal legal complaint” against Vote Leave for use of the Toyota mark in its campaign materials and the raising of similar...
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Updated Guidance for UK Registered Design Applications
16 June 2016
The UK Intellectual Property Office (UK IPO) recently issued a Designs Practice Notice (DPN) 1/16 to provide users with updated guidance on registered design practice in the UK.
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Sharing of video clips infringed Sky and ECB copyright
26 May 2016
In England and Wales Cricket Board Limited and Sky UK Limited vs Tixdaq Limited and Fanatix Limited, the High Court has found that the reproduction and communication to the public of short clips of...
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When does use of a trademark cross the line?
24 May 2016
BMW has been partly successful in a claim against an unauthorised car repair shop for infringement and passing off - Bayerische Motoren Werke AG (“BMW”) v Technosport London Ltd (“TLL”) and George...
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IP Enforcement 2020: The UK Government’s new strategies
23 May 2016
This month, the UK Intellectual Property Office (UKIPO) has published the UK Government's plans "to keep pace with the challenges and opportunities that lie ahead" in IP enforcement.
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