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When is a managing director an accomplice to patent infringement?
Philips v Belkin UPC_CoA_534/2024, UPC_CoA_19/2025 and UPC_CoA_683/2024, decision of 3 October 2025[1] This is an appeal against a finding of infringement by Belkin of Philips’ patent relating to wireless inductive power transfer, and against...
Auxiliary claim requests inadmissible and indicative of likely invalidity in applications for provisional measures.
ONWARD Medical N.V. v. Niche Biomedical, Inc., UPC_CFI_693/2025 (Munich LD), decision of 17 October 2025[1] Introduction In UPC_CFI_693/2025, the Munich Local Division of the Unified Patent Court refused a patentee’s request for prelimi...
Court of Appeal of the UPC considers post-filed experimental data irrelevant to claim construction
STEROS GPA Innovative S.L. v OTEC Präzisionsfinish GmbH, UPC_CoA_579/2025, order of 7 November 2025[1] STEROS, the exclusive licensee of European Patent EP4249647B1 (“EP’647”), lodged an application for provisional measures a...
UPC continues the Mushroom Saga with decision by default
Amycel LLC v Szymon Spyra UPC_CFI_499/2024 LD The Hague Decision of 21 October 2025[1] We previously reported[2] on Amycel’s provisional injunction (PI) issued on 31 July 2024 against a Polish individual (named in earlier documents but later ...
UPC orders provisional injunction on basis of infringement by equivalents
Washtower IP B.V., Washtower B.V. v Wasombouw B.V. et al. UPC_CFI_479/2025 LD The Hague, Order of 11 September 2025[1] Washtower sought provisional injunctions against a number of defendants based on alleged infringement of their patent EP3522755, ...
No Declaration of Non-Infringement for Alternative Product
HL Display v. Black Sheep UPC_CFI_386/2024 (The Hague LD), decision of 10 October 2025 [1] Summary The Unified Patent Court rejected Black Sheep’s request for a declaration of non-infringement (DNI) for an alternative product design. The co...
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Analysis and Guidance
Unlocking UPC Success: A Five-Step Framework
What is the UPC? The UPC is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to European patents (unless they have been opted out), including unitary patents. Instead of litigating country-by-country,...
The UPC expands its jurisdiction limits by granting its first UK injunction
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH UPC_CFI_359/2023 and UPC_CFI_365/2023 Orders of 18 July 2025 The UPC has begun to shape the contours of European patent litigation following the landmark ECJ ...
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...