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.
#
UPC
#
Recent cases
#
Damages
#
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")...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
Penalty payment
#
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")...
#
UPC
#
Recent cases
#
Jurisdiction
#
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...
#
UPC
#
Recent cases
#
Infringement
#
Opt out
#
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.
#
UPC
#
Recent cases
#
Confidentiality
#
Evidence (general)
#
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.
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
Infringement
#
Jurisdiction
#
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)...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
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.
#
UPC
#
Recent cases
#
Jurisdiction
#
Other procedural aspects
#
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...
#
UPC
#
Recent cases
#
Appeal
#
Other procedural aspects
#
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...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
Infringement
#
Jurisdiction
#
Provisional injunction
Other Case Reports
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Hydrogen – an explosive gas or the future of green energy?
17 October 2023
The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP's Elements team,...
No items found.
Dame Elizabeth Anionwu, Black History Month 2023
16 October 2023
To celebrate Black History month and in keeping with the theme of ‘Saluting Our Sisters', I have chosen to write about a woman who has made enormous contributions in the field of healthcare.
No items found.
European Patent Office liberalises rules on priority
12 October 2023
The Enlarged Board of Appeal of the European Patent Office has issued its decision in the combined cases G1/22 and G2/22. With this decision, the likelihood that a priority claim is valid even where...
No items found.
Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
09 October 2023
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio's patent was found invalid for obviousness.
No items found.
Lonnie Johnson, Black History Month 2023
09 October 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker.
No items found.
Farewell to the 10 day rule
06 October 2023
From 1 November 2023, time limits that run from the notification of a communication by the EPO no longer will run from the date of the communication plus 10 days, but from the date that the...
No items found.
Remember to seriously consider Part 36 Offers!
06 October 2023
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice' was discussed.
No items found.
Alice H. Parker, Black History Month 2023
02 October 2023
As we move through October and temperatures begin to drop, many of us will be wrapping up, adding extra layers and switching on the heaters. Here's a woman that inspired many of the modern heating...
No items found.
Parties and their lawyers will have to reveal how the sausage is made.
18 September 2023
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness...
No items found.
Trade Secrets vs. Patents in the UK Space Sector
11 September 2023
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key...
No items found.
A Year in Patents - Part 3/4: The Procedures of International Patent Prosecution
05 September 2023
Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney.
No items found.
#Barbenheimer: A Tale of Patents, Designs and Possibilities
15 August 2023
Introduction The Barbenheimer phenomenon has broken several box-office records. Barbie has made Greta Gerwig the first solo female director to produce a $1 billion dollar film, while Christopher...
No items found.
Cheers and confusion: General Court agrees that STONE and STONES are one and the same
14 August 2023
This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com.
No items found.
Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
09 August 2023
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus...
No items found.
Weathering IP challenges: how can patents help offshore wind innovators?
09 August 2023
Over the past few years, a worldwide patent dispute has been rumbling between two giants of the renewables sector, GE and Siemens Gamesa. Although that storm has now subsided, following the recent...
No items found.
Stay in the Know
The UPC Newsletter
Get expert insights and the top patent stories delivered straight to your inbox.