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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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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