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UPC Case Reports
Invalidity of juicer patent upheld on appeal
03 November 2026
The Court of Appeal upheld the invalidity of Hurom’s juicer patent for lack of inventive step, while clarifying the admissibility requirements for patent amendments and the use of the unamended description when construing amended claims. It also confirmed the UPC’s jurisdiction over infringement in Poland despite Poland not being a UPCA Contracting Member State, but found that Hurom had failed to establish infringement under Polish law.
Evidence preservation doesn’t stretch to interrogation
03 November 2026
The Court of Appeal confirmed that evidence-preservation orders may be granted ex parte where there is a demonstrable risk that evidence could be destroyed or become unavailable, and that such orders may extend to relevant commercial and promotional documents. However, Art. 60 UPCA does not permit a bailiff or expert to question the defendant’s personnel on substantive technical matters, which must instead be handled under the Court’s control.
UPC Court of Appeal clarifies claim construction, the role of party experts, and provisional measures in direct-competition cases
03 November 2026
The CoA’s decision of 30 April 2025 in Insulet v EOFlow provides important guidance on claim construction, the role of party-appointed experts and the requirements for provisional injunctions.
Other Case Reports
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.
Company News
EIP named a leading patent firm again in the Legal 500 UK 2027
01 October 2026
EIP has retained its Tier 1 ranking in PATMA: Patents and its Tier 2 ranking in IP: Patents (contentious and non-contentious) in the Legal 500 UK 2027 guide. In addition, Gary Moss was inducted into the Hall of Fame in IP: Patents.
Five EIP partners named among the world's leading IP strategists in the 2026 IAM Strategy 300
17 August 2026
Christof Höhne, Darren Smyth, Heather McCann, James Seymour, and Sebastian Fuchs have all been named in this year's list, each recognised for their own approach to building patent value for clients.
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