Case Reports

Updated EPO Guidelines on AI – why US companies should encourage close collaboration between their US and European attorneys on AI patent applications

On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data.

UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup

VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused...

SEP Litigation and Self-Inflicted Disclosure Orders

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...

Language change not allowed if not language of the patent

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.

Unchallenged claims of patent cannot be amended

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...

Composition of appeal panel and access to documents

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.

Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management

Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor's appeal against the decision of Meade J in the High...

REVIEW of EX PARTE PI

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...

Language change refused by the UPC

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...

Splitting proceedings in respect of multiple defendants in different jurisdictions

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...

Blood drains from Bayer patent as it is found to be non-inventive

We previously reported on Bayer's application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity...

UPC Court of Appeal Confirms Deadline to Appeal Orders

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...

UPC emphasises importance of formal service

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.

Variable Views on Confidentiality

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...

Bringing an action following preservation of evidence

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...