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UPC Opines on Second Medical Use Claims
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc.,v Amgen Inc. and others UPC_CFI_505/2024 Decision of 13 May 2025 ORD_598583/2023 This decision from the Düsseldorf Local Division sets out for the first time the UPC’s view on how...
XSYS Germany GmbH & ors. v. Esko-Graphics Imaging GmbH
Decision of 2 June 2025 (Order no. ORD_23545/2025) Ekso originally brought infringement proceedings against XSYS in respect of its EP 3 742 231 patent, relating to a method of curing photo-curable printing plates, in August 2024. This patent had been...
Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair. The application was made on day 2 of the trade fair and was refer...
Court of Appeal Upholds Decision on Provisional Measures
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background This decision concerns an appeal brought by Bi...
AGFA fails in its infringement claim against Gucci
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA’s patent EP3388490, which relates to decorating natural leather by applying a base coat “...
Printing plates case displays practical points to consider in Fujifilm V Kodak
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between Fujifilm and Kodak. In this case, Fujifilm sued ...
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Knowledgebase
Analysis and Guidance
The UPC two years on: Withdrawals of actions becoming prominent
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state of play. Statistics of Cases The tables below show t...
The Unified Patent Court Turns 1 - Discover the Impact
Darren Smyth provides a summary of the first year of the UPC's operation.
Claim construction at the UPC
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 proceedings. In these cases, the scope of the c...
Terminology at the Unified Patent Court
The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the Case Management System, some issues of terminology a...
UPCA - Harmonisation of Infringement
Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across Europe[1], on the basis that, ostensibly: 1) Articles 25-2...
The UPC: I've done nothing about it - will it be okay?
Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC. Lodging an opt_out request before 1st June 2023 ensured that you ha...