Case Reports

UPC Case Reports

National or UPC jurisdiction for damages?
21 December 2023
Fives ECL, SAS v REEL GmbH (UPC_CFI_274/2023) Order of 17 November 2023 On 8 August Fives ECL, SAS ("Fives") lodged in hard copy a claim for the determination of damages.
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UPC
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Recent cases
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Damages
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Jurisdiction
Request for a stay
19 December 2023
Astellas Insitute for Regenerative Medicine v Healios KK and Osaka Univerity (UPC_CFI_80/2023) Order of 20 November 2023 On 1 June 2023, Astellas Institute for Regenerative Medicine ("Astellas")...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Penalty Payment Ordered in 10x Genomics v Nanostring
18 December 2023
10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional...
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UPC
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Penalty payment
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Provisional injunction
Separate revocation claim and counterclaim both to proceed
01 December 2023
Meril Italy srl v Edwards Life Sciences Corporation (551308/2023; UPC_CFI_255/2023) Order of 13 November 2023 (ORD_578356/2023) Background On 1 June 2023 Edwards Lifesciences Corporation ("Edwards")...
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
Coffee machine litigation leads to early defeat for patentee
28 November 2023
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb...
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UPC
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Recent cases
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Infringement
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Opt out
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Provisional injunction
Milan Local Division Grants Inspection Order
24 November 2023
The Milan Local Division has granted an inspection order[1] pursuant to Rules 192-199 RoP, the first order granted by the UPC allowing inspection of a defendant's premises.
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UPC
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Confidentiality
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Evidence (general)
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Preservation of evidence
Lessons from Harvard: UK-based Nanostring ordered to pay EUR 300,000 as security for legal costs in revocation action
03 November 2023
NanoString Technologies Europe Limited v President and Fellows of Harvard College (UPC_CFI_252/2023) Decision delivered on 30 October 2023 (Order no.
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UPC
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Recent cases
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Security for costs
Should the language of proceedings be changed: balancing the interests of the parties
02 November 2023
Plant-e Knowledge B.V. & Plant-e B.V. v Arkyne Technologies S.L. Order of 18 October 2023 (ORD_581189/2023) The claimants, two Netherlands companies, ("Plant-e") launched an infringement action on 12...
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UPC
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Recent cases
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Language
Opt-out Withdrawal Ineffective: Choices have Consequences!
31 October 2023
AIM Sport Vision AG v Supponor Oy & Others (UPC_CFI_214/2023) Decision of 20 October 2023 (ORD_572699/2023 and ORD_5821/2023) Facts & Main Arguments These proceedings before the Unified Patent Court...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Opt out
First penalty payment in a UPC case
30 October 2023
myStromer AG v Revolt Zycling AG Düsseldorf Local Division Order of 18 October (ORD_526778/ 2023)[1] Following its first ex parte provisional injunction[2], the UPC (Düsseldorf Local Division)...
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UPC
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Recent cases
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Penalty payment
UPC grants access to pleadings for the first time
25 October 2023
Ocado Innovation Limited v Autostore AS & Others – Order of 17 October 2023 (ORD 543819/2023) In September we reported on two judgments by Munich Central Division refusing requests for access to...
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UPC
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Recent cases
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Access to documents
CFI clarifies scope for preliminary objections
23 October 2023
Order ORD_576853/2023 [1] dated 29 Sept 2023 by Local Chamber Munich (Presiding Judge and Rapporteur Mr. Zigann) in the case Edwards Lifesciences Corp. vs. Meril GmbH and Meril Life Sciences Pvt. Ltd.
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
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Security for costs
First appeal decision from the UPC
19 October 2023
Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 13 October 2023 (Order ref ORD_580110/2023) [1] Both Amgen and Sanofi-Aventis appealed an order [2] in which an extension of the deadline...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Service of actions
Jozef Frans Nelissen v OrthoApnea S.L. Order of 21 September 2023
18 October 2023
The UPC has published its third decision to preserve evidence (following the related Orders of 13 and 14 June 2023 in Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited and v Bhagat...
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UPC
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Recent cases
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Preservation of evidence
10x Genomics not successful second time around
12 October 2023
On the same day that the decision granting 10x Genomics a provisional injunction against NanoString on the basis of the unitary patent EP4108782 was announced (19 September 2023), there also took...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Provisional injunction

Other Case Reports

Oxford University Innovation Limited v Oxford Nanoimaging Limited – a tale of pies and slices
03 February 2023
SummaryIn a very long and detailed judgment, Daniel Alexander KC, sitting as a High Court judge, examined a number of issues relating to successful inventions arising out of research work carried out...
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VLSI agrees to dismiss latest semiconductor patent complaint against Intel in Delaware
01 February 2023
EIP partner Andrew Thompson has recently written an article for The Patent Lawyer on the VLSI v Intel case regarding a semiconductor patent complaint. Read the full article here.
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Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent
19 January 2023
Anan Kasei Co. Limited & Anor v Neo Chemicals & Oxides (Europe) Limited [2023] EWCA Civ 11The Court of Appeal has recently delivered judgment dismissing the Claimants' appeal in the long-running Anan...
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Stepping through Alice’s looking glass: Sir Anthony Mann considers the purpose of DNI actions and unlikely payments of renewal fees
17 January 2023
Lisa Dräxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat)Background The claimant (Dräxlmaier) sought a declaration of non-infringement under s.71 of the Patents Act (s.
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The European Data Protection Board (EDPB) publishes its decision on Meta’s legal basis for its use of personalised adverts
16 January 2023
SummaryOn 12 January 2023, the EDPB published its decision (which was actually made on 5 December 2022) (the "Decision") on the dispute between the Irish Data Protection Commissioner (IDPC) and a...
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Court of Appeal refuses Arrow declaratory relief for Teva in a stand against forum shopping and jurisdictional overreach
12 January 2023
Teva v Novartis [2022] EWCA Civ 1617The fingolimod saga continues between Teva and Novartis. In a hearing dated 28 November 2022 before Arnold, Nugee, and Floyd LLJ, Teva appealed the decision of...
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Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC)
30 December 2022
BackgroundThe Claimant, Vernacare Limited ("Vernacare"), and the Defendant, Moulded Fibre Products Limited ("MFP"), both manufacture and sell washbowls, which are made from moulded paper pulp as used...
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Novartis overloaded with reasons its iron overload treatment Exjade is obvious and not infringed by Teva
19 December 2022
Teva v Novartis [2022] EWHC 2847 (Pat)In another patent revocation and infringement counterclaim action between Teva and Novartis, in this instance involving a swallowable tablet version of...
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Banksy isn’t monkeying around when it comes to EU trade marks
14 December 2022
BackgroundPest Control Office Limited (the "EUTM proprietor"), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including...
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Kigen v Thales: Can an implementer bring a stand-alone claim for FRAND determination?
12 December 2022
BackgroundKigen (UK) Limited is a company which produces software relating to eSIM and iSIMs technology. Thales Dis France SA (also known as Gemalto SA) is a manufacturer of electronic systems and...
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Intellectual property key UK strength in global semiconductor supply chain – Select Committee Report
05 December 2022
A group of influential MPs from the Business, Energy and Industrial Strategy (BEIS)Select Committee has released its Report on the semiconductor industry in the UK.
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AU VODKA LIMITED v NE10 VODKA LIMITED & LEON HOGAN
24 November 2022
Heard by Mr Justice Mellor on 16 September 2022 AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022) (bailii.org) Article written by Alona Andrieieva, qualified Ukrainian...
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Alleged copyright infringement in the famous love story that inspired Doctor Zhivago
17 November 2022
BackgroundAnna Pasternak ("Pasternak") is the Claimant and author of Lara: The Untold Love Story That Inspired Doctor Zhivago ("Lara"). Lara is a non-fiction, historical book that was published in...
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Two giants in the energy drinks game go head-to-head in trademark dispute
12 October 2022
Monster Energy appealed a decision refusing Monster's application to register the mark ‘Red Dawg' .At the original hearing Red Bull had opposed registration of the mark and had made out a successful...
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Damages pull into the station for Geofabrics
11 October 2022
Charlotte May KC recently handed down a comparatively rare judgment, for the Patents Court, in respect of a damages enquiry for infringement of Geofabrics' railway related patent by Fiberweb in...
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