Case Reports

UPC Case Reports

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
Termination of Proceedings
03 October 2023
Ocado Innovation Limited v. Autostore AS Order of 11 September 2023[1] (Order ref ORD_571090/2023) Ocado filed an infringement action against Autostore on 2 June 2023 in the Milan local division.
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UPC
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Recent cases
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Costs
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Withdrawal of an action
Determining Date of Service and Corresponding Time limits
28 September 2023
Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 29 August 2023 (Order ref ORD_566193/2023)[1] This case arises from a difference of date of service on multiple defendants, and thus raises...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
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Time limits
Injunction granted in 10x Genomics v NanoString
27 September 2023
The UPC Local Division in Munich handed down a decision on 19 September 2023 following a hearing over two days on 5/6 September 2023, granting a provisional injunction against NanoString to restrain...
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UPC
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Recent cases
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Infringement
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Inventive step
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Novelty
When can third parties obtain access to written pleadings and evidence at UPC?
22 September 2023
A judge of the Central court in Munich has recently considered a request by a third party for access to written pleadings and evidence under Rule 262.1(b) in two cases.
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UPC
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Recent cases
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Access to documents
Extension of time limit for statement of defence
20 September 2023
Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 23 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...
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UPC
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Recent cases
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Time limits
Who is first to file?
15 September 2023
Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...
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UPC
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Analysis
First to file at the UPC
15 September 2023
Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
Terminology at the Unified Patent Court
12 September 2023
The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the...
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UPC
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Analysis
UPC Exceptionally grants extension of time limit for preliminary objection
04 September 2023
Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 1 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...
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UPC
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Recent cases
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Time limits
Provisional Injunction granted by the Unified Patent Court
29 August 2023
myStromer AG v Revolt Zycling AG, Order of 22 June 2023 and Order of 30 June 2023 [1] The UPC - Düsseldorf Local Division - has issued its first ex parte provisional injunction only recently...
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UPC
Orders to Preserve Evidence granted by the Unified Patent Court
22 August 2023
Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited, Order of 13 June 2023 Oerlikon Textile GMBH & CO KG v Bhagat Group, Order of 14 June 2023 Just two weeks after the Unified Patent...
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UPC
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Recent cases
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Preservation of evidence
Early statistics regarding interest in unitary patent protection
04 August 2023
The EPO has recently added ‘Requests for unitary effect' to its Statistics & Trends Centre. The Statistics & Trends Centre provides a dashboard that now gives information about requests for unitary...
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UPC

Other Case Reports

Mobility-as-a-Service – have you protected your assets from the competition?
20 June 2023
Mobility-as-a-Service is envisioned as the tool to bring about a greener and more sustainable world and the backbone to ensuring people have a seamless customer experience in achieving it.
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No Leg to Stand On: Claimant left out of pocket as hopeless case fails to establish design for cargo trousers is original or infringed
19 June 2023
KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the...
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Advanced Bionics v Med-El – Court of Appeal upholds invalidity of patent
12 June 2023
This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a...
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Sandoz v BMS – Court of Appeal grapples with plausibility again
07 June 2023
Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme...
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Preserving the strict deadline of urgency in patent preliminary injunction proceedings
31 May 2023
A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II" (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22,...
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Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents
26 May 2023
Nicoventures Trading Limited v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) Another judgment has recently been handed down in the ongoing global dispute between tobacco giants British...
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European Commission Proposals on Data Exclusivity and the Bolar Exemption
25 May 2023
On 26 April, the European Commission published proposed legislation (specifically a new Regulation and a new Directive) aimed at reforming EU legislation in relation to pharmaceuticals.
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The UK National Semiconductor Strategy: a first glance
23 May 2023
The UK Government has released its National Semiconductor Strategy. The Strategy sets out the UK Government's vision for the semiconductor industry in the UK, and details funding and other...
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Mental Health Awareness Week 2023 - Anxiety
17 May 2023
At the outset, it must as usual be remarked that this piece should not be relied upon for treatment, solution, comfort or calm. This, and other works like it, are written from but a singular...
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A Year in Patents - Part 2/4: Getting to Grips with the Law
16 May 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.
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Winds of Change: Taking Advantage of The New Unitary Patent
11 May 2023
As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology.
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Reining IT in – Differing Approaches to AI Regulation in the UK and the EU?
09 May 2023
IntroductionWhen researchers at Darmouth College coined the term ‘artificial intelligence' ("AI") in a research proposal in 1955, they could hardly have imagined the explosive impact the...
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EU Commission proposes EU-wide compulsory licences for the first time
28 April 2023
Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees.
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EU Commission Announces Major Reforms to Supplementary Protection Certificates
27 April 2023
The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe.
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The Deep Non-Thinker
27 April 2023
Lock up your authors! ChatGPT is here! And it's coming for your IP!The internet is awash with content written about, or written by, the new chat-bot in town, ChatGPT.
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