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UPC Case Reports

Prosecution history in claim interpretation at the EPO
10 June 2026
In Agathon v Intercom, the UPC's Milan Local Division confirmed that statements made during EPO prosecution are not binding but can offer low-weight guidance on the skilled person's view — here narrowing 'abuts' against the patentee.
Revocation of an order to inspect and preserve evidence as Applicant did not start proceedings on the merits, R. 198.1 RoP
09 June 2026
In Otec v Steros, the UPC's Dusseldorf Local Division revoked an ex parte inspection order after the applicant failed to sue on the merits in time, ordering all preserved evidence returned and destroyed.
UPC Court of Appeal reverses infringement ruling in both Germany and UK
05 June 2026
On 2 June 2026 the UPC Court of Appeal overturned the Mannheim Local Division's infringement findings against Kodak in both Germany and the UK, on a prior user right in Germany, and on lack of defendant liability in the UK, while upholding the validity of EP 3511174 as amended and laying down a structured framework for exercising jurisdiction over non-EU designations.

Other Case Reports

Seriously deficient disclosure process not sufficient to reopen costs order - Cabo v MGA
08 April 2026
A High Court decision highlighting the consequences of inadequate disclosure searches under PD57AD and reaffirming that costs orders are final, even where later failures come to light.
Litigants in person and IP risk: Lessons from Banham v Rogers
26 March 2026
The High Court’s judgment in Banham v Rogers provides a stark warning for SMEs defending intellectual property claims without professional advice. Acting as a litigant in person, the defendant misunderstood key technical issues, failed to comply with procedural requirements, and mismanaged correspondence and evidence. These cumulative errors left the court with no realistic defence to consider, leading to summary judgment and public reputational damage. The case underlines the importance of obtaining specialist IP advice at an early stage to avoid avoidable and compounding litigation risks.
Court of Appeal gives Babek’s trade mark a gold star for validity
18 December 2025
The Court of Appeal upheld the validity of Babek International Ltd’s trade mark after Iceland Foods Ltd challenged its registration. The judgment clarified that a trade mark must be a single, clearly and precisely represented sign capable of distinguishing goods or services. The court found that Babek’s mark met these requirements, rejecting arguments about lack of clarity and permissible variations. Iceland’s appeal was dismissed, affirming the trade mark’s validity and providing guidance on interpreting trade mark descriptions and representations.
Stuart Malcolm joins EIP as Partner, Solicitor, strengthening EIP's Commercial practice
17 June 2026
EIP is delighted to announce that Stuart Malcolm has joined EIP as a Partner, Solicitor on 17 June 2026, strengthening our Commercial practice. Stuart brings more than 25 years of experience as a commercial and intellectual property lawyer, with a career spanning private practice, senior in-house leadership, and the United Kingdom's deep tech and innovation sectors.
EIP named one of Europe's leading patent firms for the eighth year running, with gold in five sectors
16 June 2026
EIP has again been named one of Europe's leading patent law firms by the Financial Times. In its 2026 ranking, EIP earned gold in five of the six technology sectors, and silver in the sixth, Materials and Nanotechnology. It is the eighth year running the firm has featured, every year since the ranking began in 2019.
EIP recognised across the board in IAM Patent 1000, 2026
29 May 2026
We're pleased to be featured again in the IAM Patent 1000, 2026. The guide is one of the most trusted independent rankings of patent professionals worldwide, built on months of research and direct feedback from clients and peers.
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