Case Reports

Hurom v. NUC UPC-CFI_162/2024 LD Mannheim Decision of 2 October 2025

The UPC’s Munich Local Division denied Onward Medical’s bid for a preliminary injunction against Niche Biomedical, finding serious doubts over the novelty of the granted claim of EP 3 421 081 B1 in light of the Yoo prior art. The court also rejected all eight auxiliary claim requests, holding that amended claims cannot be used to establish likely validity in provisional‑measures proceedings. The decision reinforces that interim relief is only available for patents that appear robust in their granted form.

The Unified Patent Court rejected Black Sheep’s request for a declaration of non-infringement (DNI) for an alternative product design. The court found the request inadmissible because HL Display had not asserted infringement against the alternative design, and Black Sheep had not formally sought acknowledgment of non-infringement before filing the counterclaim.

Kodak v. Fujifilm (UPC CoA 699/2025, order of 14 October 2025)[1] According to Art. 82(2) UPCA and Rule 354.3 RoP, a party may be sanctioned with a recurring penalty payment, payable to the UPC, if...

Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...

Insulet v. EOFlow UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1] The dispute began when Insulet sought a provisional injunction against EOFlow to prevent...

Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...

Apple (Intervener) in Ericsson v. AsusTek and Apple (Intervener) in Sun Patent Trust v. Vivo UPC_CoA_631/2025[1], UPC_CoA_632/2025[2], UPC_CoA_755/2025[3], and UPC_CoA_757/2025[4] – Orders of 23...

The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.

We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.

expert v. Seoul Viosys, UPC_CoA_380/2025 Order of 20 August 2025 (ORD_22147/2025)[1] This order from the UPC Court of Appeal clearly states that the Court of Justice of the EU cannot be asked to...

UPC_CFI_318/2025, decision of 5 August 2025 (ORD_34299/2025)[1] In a default judgment issued by the Düsseldorf Local Division of the Unified Patent Court, Whale Technology (Shanghai) Co., Ltd.

The subject of today's IPKat post - The Cost of Knowledge - by Darren Smyth concerns a campaign against Elsevier, the publisher of academic journals.

Recent decisions of the Boards of Appeal of the EPO are now updated continuously on the EPO website.In today's IPKat blog, Darren Smyth highlights some noteworthy cases from the first two months of...

SummaryThe Court of Justice of the European Union (CJEU) has confirmed that owning a Community registered design (CRD) does not provide a defence to an infringement action relating to earlier CRDs.

The European Patent Office (EPO) has launched a new patent translation service which uses Google's Translate technology.Reported by partner Darren Smyth via his IPKat blog, the service initially...

Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.

The issues of colour and composition form the basis of the questions referred to the CJEU by the Court of Appeal in this case of Specsavers International Healthcare & ors v Asda Stores Ltd.

The Court of Appeal has confirmed that it can be acceptable to improve your position in litigation by obtaining a new trademark registration in the period between the start of infringing acts and...

Partner Darren Smyth has made his second and third posts since joining the IPKat as a guest blogger.What is obvious - the route or the destination? is about the approach taken by patent offices to...

Following yesterday's announcement that Darren Smyth has been appointed as the third guest blogger on the IPKat, he has now made his first post.

The EPO has just officially published (T 777/08 Atorvstatin Polymorphs OJEPO 12/2011 633-643) a decision of the Technical Boards of Appeal which surprisingly finds that, in general, a claim to a...

In a recent EIP newsflash we reported a recent development in the way the UK Intellectual Property Office handles subject matter excluded from patentability, based on a High Court judgement relating...

Can use by a competitor of a trademark as a keyword in an advertising service, such as Google’s AdWords service, be restricted by the proprietor of the trademark? Services such as AdWords allow...

The Patent Box reaches another milestone. On the 6 December the Government will publish the draft legislation based on the public consultation in the light of its original proposals.

In Human Genome Sciences Inc v Eli Lilly and Company [2011] UKSC 51, The UK Supreme Court overturned the High Court and Court of Appeal rulings and found that a patent met the requirement of...

The Enlarged Board of Appeal (EBoA) has ruled on the admissibility of disclaimers which disclaim subject-matter which is disclosed as an embodiment in the application as filed.