Case Reports

Two recently published judgments from the Unified Patent Court clarify how requests for confidentiality, both in respect to parties to the proceedings and in respect of third parties, are handled.

SES-imagotag SA v Hanshow Technology Co. Ltd. and others UPC_CFI_292/2023 Order of 20 December 2023 (ORD_596193/2023)[1] SES-imagotag is the proprietor of EP 3883277, which had been opted out of the...

Panasonic Holdings Corporation v Xiaomi Technology Germany GmbH & 9 Others (UPC_CFI_219/2023) Order of 8 December 2023 The Claimant argues that defendants 1, 2, and 8 based in China and 7 based in...

Fives ECL, SAS v REEL GmbH (UPC_CFI_274/2023) Order of 17 November 2023 On 8 August Fives ECL, SAS ("Fives") lodged in hard copy a claim for the determination of damages.

Astellas Insitute for Regenerative Medicine v Healios KK and Osaka Univerity (UPC_CFI_80/2023) Order of 20 November 2023 On 1 June 2023, Astellas Institute for Regenerative Medicine ("Astellas")...

10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional...

Meril Italy srl v Edwards Life Sciences Corporation (551308/2023; UPC_CFI_255/2023) Order of 13 November 2023 (ORD_578356/2023) Background On 1 June 2023 Edwards Lifesciences Corporation ("Edwards")...

CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb...

The Milan Local Division has granted an inspection order[1] pursuant to Rules 192-199 RoP, the first order granted by the UPC allowing inspection of a defendant's premises.

NanoString Technologies Europe Limited v President and Fellows of Harvard College (UPC_CFI_252/2023) Decision delivered on 30 October 2023 (Order no.

Plant-e Knowledge B.V. & Plant-e B.V. v Arkyne Technologies S.L. Order of 18 October 2023 (ORD_581189/2023) The claimants, two Netherlands companies, ("Plant-e") launched an infringement action on 12...

AIM Sport Vision AG v Supponor Oy & Others (UPC_CFI_214/2023) Decision of 20 October 2023 (ORD_572699/2023 and ORD_5821/2023) Facts & Main Arguments These proceedings before the Unified Patent Court...

myStromer AG v Revolt Zycling AG Düsseldorf Local Division Order of 18 October (ORD_526778/ 2023)[1] Following its first ex parte provisional injunction[2], the UPC (Düsseldorf Local Division)...

Ocado Innovation Limited v Autostore AS & Others – Order of 17 October 2023 (ORD 543819/2023) In September we reported on two judgments by Munich Central Division refusing requests for access to...

Order ORD_576853/2023 [1] dated 29 Sept 2023 by Local Chamber Munich (Presiding Judge and Rapporteur Mr. Zigann) in the case Edwards Lifesciences Corp. vs. Meril GmbH and Meril Life Sciences Pvt. Ltd.

An online image search tool for figurative trademarks and designs could be launched under new proposals by the Office for Harmonization in the Internal Market (OHIM).

A recent judgment handed down by Mr Justice Birss in Sealed Air Ltd v Sharp Interpack Ltd & Anor [2013] EWPCC 23 (30 May 2013) considers the way in which technical drawings in a registered design...

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch)On 21 May, Mr Justice Arnold handed down a lengthy judgment in the long running action between Interflora and M&S.

Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227.SummaryAt the Patents Court before Vos J, Swarovski-Optik brought patent infringement proceedings against Leica Camera, who challenged the...

Despite recent guidance, the UK High Court has deemed it necessary to refer a question to the Court of Justice of the European Union (CJEU) that seeks to clarify what is meant by a “human embryo”,...

In a guest post for the Spicy IP blog, partner Darren Smyth expands upon the issues raised in his earlier post for The IPKat about the decision of the Indian Supreme Court in denying Novartis a...

In his latest IPKat post, Darren Smyth “despairs” at the judgment by the Indian Supreme Court in the recent Glivec decision, refusing the patent application directed to imatinib mesylate in beta...

Darren Smyth’s latest IPKat post is about the recent case of Nestec SA & Ors v Dualit Ltd & Ors concerning Nespresso coffee makers and their coffee capsules.

In Omnipharm Limited v Merial [2013] EWCA Civ 2, the Court of Appeal of England and Wales (CA) upheld a first instance decision to revoke one of Merial’s patents on grounds of insufficiency.

Darren Smyth’s latest IPKat post concerns the recent decision on a preliminary point in Resolution Chemicals Ltd v H. Lundbeck A/S, and Lundbeck’s SPC for escitalopram.

At a recent conference in Alicante to mark the tenth anniversary of the EU Registered Community Design, it was proposed by attendee Sir Robin Jacob to look at ways of improving the system.

The Intellectual Property Office (IPO) has launched a public consultation on their plans for a simplified and more cost-effective trademark opposition procedure to run alongside the existing system.

In his capacity as regular blogger for The IPKat, Partner Darren Smyth has posted on the use of dotted lines in representations of designs. This follows his participation in the conference this week...

In Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 the Court of Appeal dismissed the claimants’ appeal, rejecting all their arguments in respect of construction, infringement,...

AP Racing Limited v Alcon Components Limited [2013] EWPCC 3Two rival suppliers of brake calipers used in racing cars in the motorsport industry recently went head to head in the Patents County Courts.