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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Recent cases
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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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Recent cases
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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

Seizing a greener future for the UK
08 August 2023
The announcement this week from the UK Government of funding for new Carbon Capture and Storage (CCS) schemes has had a mixed reception. It's a shame the announcement was hand-in-hand with new oil...
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Unnamed inventors can benefit from s.40 employee compensation, but only if you get there in time
07 August 2023
Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr...
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Preachin’ Pride Blues
11 July 2023
Those of you who have read my work before, who know me, or who know of me, might reasonably expect this piece to be…vitriolic, shall we say? You may be bracing yourself for a story that starts with...
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High Court maintains status quo on SPCs: Combination patent cannot get extension using Marketing Authorisation of single active agent
05 July 2023
Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it...
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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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