Case Reports

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

In a recent IPKat post, Darren Smyth ponders whether the Boards of Appeal of the European Patent Office should be referring cases to the Enlarged Board of Appeal on matters of procedural...

Darren's Smyth's latest IPKat post concerns an action by Smith & Nephew to revoke a patent owned by Convatec Technologies for antimicrobial wound dressings impregnated with silver.

The European Patent Office (EPO) has referred a case relating to dried tomatoes to the Enlarged Board of Appeal for a second time.In his latest IPKat post, EIP's Darren Smyth discusses the most...

In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for...

The OHIM has begun publishing information about Registered Community Design applications that have been refused.The designs themselves are not shown, but the grounds for refusal are now being made...

Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.

The ongoing dispute between Apple and Samsung over Apple's Registered Community Designs for its iPad has now entered the UK courts.Darren Smyth's latest IPKat post relates to a decision of Mr Justice...

A Polish law which allowed the sale of unapproved drugs which were cheaper than those approved has been declared contrary to EU law.The decision by the Court of Justice of the European Union is...

In today's IPKat, Darren Smyth analyses the decision in Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc, a case which started as an action for a declaration of invalidity of...

In a decision on 22 March in Teva and ors v AstraZeneca concerning a patent on a sustained release formulation of an anti-psychotic drug, Mr Justice Arnold revoked the patent due to obviousness.

Chancellor George Osborne confirmed in his 2012 Budget that the proposed Patent Box scheme will go ahead.When fully phased in, the rate of Corporation Tax on profits attributed to patents will be 10%.

The European Patent Office (EPO) has published the draft version of revised Guidelines for Examination 2012 online.Partner Darren Smyth casts his eye over the draft version in his latest IPKat post.

The first compulsory licence of an Indian patent since the TRIPS regime was implemented in India has been awarded. Although the licence relates to a pharmaceutical product, the grounds on which the...

Following on from his IPKat post about India granting its first compulsory licence, Darren Smyth explores what limitations the TRIPS agreement puts on compulsory licensing in his latest blog.

The first compulsory licence has been granted by the Controller of Patents Mumbai.The application concerns the anti-cancer drug Sorafenib, a patented drug owned by Bayer Corporation.