The latest on the UPC
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Applying Ocado, the UPC grants a R262 request to access CFI documents
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab’s patent EP 3 498 115 B1 by decision dated 5th November 2024 (UPC CFI 309 /2023)....
UPC decides that the formalities of withdrawal of opt out do not matter
Dolby International AB v. Epson France SAS UPC_CFI_77/2025 Order of 27 May 2025 ORD_18316/2025[1] The Hamburg Local Division of the UPC has decided that a withdrawal of opt out from the UPC is valid, even though it did not comply with the clear, al...
Paris Local Division rules on validity of juicer patent, scope of R. 19 RoP
Hurom Co., Ltd v. NUC Electronics Co., Ltd, NUC Electronics Europe GmbH & Warmcook (UPC_CFI_163/2024) Order of 23 May 2025 (Order no. ORD_69293/2024[1] relating to EP 3 155 936) The Paris Local Division of the Court of First Instance ruled on a...
Unified Patent Court: The Impact of Brexit
The Unified Patent Court (UPC) now has jurisdiction over 18 of the 27 EU states and advertises itself as an EU court but is there any prospect of the UK getting involved in the Unified Patent Court without rejoining the EU? Unintended Consequences of ...
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc.
UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the plaintiff, Lionra, should bear 40% of the costs and the ...
Provisional Injunction Denied for Small Molecule Kinase Inhibitor
Zentiva Portugal, LDA v. Boehringer Ingelheim International GMBH (UPC_CFI_41/2025 relating to EP1830843) Court of First Instance Order dated 8 May 2025 ORD_18599/2025 [1] Summary The Application for a PI by the Applicant, Boehringer, against the ...
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...
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...
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 ...
Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel manufacturers alleging infringement of its European p...
Provisional injunction denied for clay-based haemostatic agent
Teleflex Life Sciences II LLC v Speed Care Mineral GmbH (UPC_CFI_701/2024 relating to EP2007811) Order of 21 February 2025 (ORD_ 68880/2024)[1] Application for preliminary injunction refused. The Applicant, Teleflex Life Sciences (“Teleflex...
Mammaoet Holding B.V. v P.T.S. Machinery B.V.
(UPC_CFI_16/2025) Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22 January 2025 regarding the preserving of evidence This is a decision on the preservation of evidence prior to commencement of proceedings ...
Security for Costs Application
Emboline, Inc. v AorticLab srl (UPC_CFI_628/2024) Order of 16 April 2025 (ORD_9097/2025)[1] The LD Munich has recently provided some guidance on when security for costs will be available as well as how to interpret the rules on eligibility to reque...
UPC rules on scope of product by process features in claims
Yellow Sphere Innovations GmbH, Erwin Härtwich v Knaus Tabbert AG UPC_CFI_50/2024 Decision of 10 April 2025 (ORD_68984/2024[1]) This decision from the Düsseldorf local division has a number of noteworthy issues, including how a “pro...
Application for a preliminary injunction refused
Barco NV v Yealink Network Technology Co. Ltd. & Ors. (UPC_CFI_582/2024) Order of 21 March 2025 (ORD_68979/2024)[1] Barco is a company operating in the entertainment, enterprise and healthcare technology sectors which develops and markets audio...
Intervention request refused
Accord Healthcare B.V. & Others v Novartis AG (UPC_CFI_6984/2024) Application to Intervene by Zentiva K.S. and Zentiva Portugal, LDA Order of 27 March 2025 (ORD_10348/2025)[1] The Claimants (“Accord”) had applied for a declaratio...
Right of defence of defendants key to Court’s decision on the addition of a new party and amendments to an existing case
AIM Sport Development AG v TGI Sport Suomi Oy & Ors. (UPC_CFI_214/2023)[1] Order of 11 February 2025 (ORD_6926/2025) The Helsinki Local Division considered AIM Sport Development AG’s (“AIM Sport”) application and allowed the ...