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UPC Case Reports

Transfer of costs application from Court of Appeal to Court of First Instance rejected
22 April 2026
The UPC Court of Appeal ruled that it lacks jurisdiction to assess costs applications and confirmed they must be filed at the Court of First Instance, rejecting a transfer request in Rematec v Europe Forestry.
Revocation of an independent claim does not automatically affect the validity of unchallenged independent claims
21 April 2026
In Emporia v Seoul Viosys, the UPC Central Division confirmed that the revocation of an independent claim does not automatically affect the validity of unchallenged claims. The decision underscores the importance of challenging all relevant claims where full patent revocation is sought.
UPC Court of appeal issues final decision, despite no finding on infringement at first instance
30 March 2026
In Rematec v Europe Forestry, the UPC Court of Appeal overturned the Mannheim Local Division’s revocation of the patent and, applying Article 75(1) UPCA, issued a final decision on both validity and infringement despite no infringement finding at first instance. The Court adopted a narrower, description‑led approach to claim interpretation, confirmed the patent’s validity, found infringement, and granted final remedies without referring the case back to the Court of First Instance.

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.
LD Paris interprets broadly need for “commercial relationship” and “same alleged infringement” in Art 33(1)(b)
27 March 2026
In Valeo v Bosch, the Paris Local Division rejected a jurisdictional challenge and confirmed a broad interpretation of Article 33(1)(b) UPCA. The court held that defendants belonging to the same corporate group may be sued together at the local division where one subsidiary is established, without requiring a direct commercial relationship between each defendant and the anchor defendant. It also confirmed that “the same alleged infringement” requires only identity of the infringed patent, even where the disputed products are not strictly identical.
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.
EIP recognsied for strategic leadership in patent law at the Professional Services Management Excellence Awards
26 March 2026
EIP has been recognised with two Professional Services Management Excellence Awards 2026, including Excellence in Strategic Leadership and Best in Theme: Leadership. The awards reflect the firm’s commitment to aligning patent expertise with commercial insight, strengthening leadership across the firm and delivering patent strategy that supports investment, growth and high‑value business decisions.
EIP promotes Callum Docherty to Principal in the US
19 March 2026
EIP is pleased to announce the promotion of Callum Docherty to Principal, recognizing his substantial contribution to the firm’s international patent practice and his leadership within EIP’s growing US team.
EIP announces the promotion of Rob Barker to Partner
12 March 2026
EIP is pleased to announce the promotion of Robert Barker to Partner, recognising his significant contribution to the firm’s Digital, Chemistry, Life Sciences, and multidisciplinary patent practice since joining in 2014.
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