On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent Court. You can listen to the webinar here.
Bringing enforcement proceedings while an appeal is still pending risks liability for defendant’s costs
24 September 2026
The Court of Appeal held that setting aside a first-instance decision granting relief subject to recurring penalties generally has retroactive effect. Any penalty fees already paid will be refunded by the Court. The value of proceedings is determined by the interest of the party that brought the action. This is not changed as a result of an appeal. A claimant bringing enforcement proceedings while an appeal is still pending does so at its own risk and may be liable for the defendant’s costs related to the enforcement proceedings.
The Court of Appeal held that a statement of appeal that is not electronically signed is not validly lodged under Rule 4.1 RoP, and that this defect cannot be cured after expiry of the non-extendable appeal period. The appeal was therefore rejected as inadmissible, and a late application for re-establishment of rights was itself held to be out of time.
Scripps mRNA reengineering patent found invalid and not infringed by Comirnaty
08 September 2026
The Local Division Munich invalidated Promosome's licensed mRNA patent over Scripps' codon-optimisation method, then found BioNTech's Comirnaty vaccine would not have infringed the claims even had they been valid.