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...
#
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
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.
#
UPC
#
Recent cases
#
Costs
#
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...
#
UPC
#
Recent cases
#
Other procedural aspects
#
Service of actions
#
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...
#
UPC
#
Recent cases
#
Infringement
#
Inventive step
#
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.
#
UPC
#
Recent cases
#
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,...
#
UPC
#
Recent cases
#
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...
#
UPC
#
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...
#
UPC
#
Recent cases
#
Jurisdiction
#
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...
#
UPC
#
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,...
#
UPC
#
Recent cases
#
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...
#
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...
#
UPC
#
Recent cases
#
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...
#
UPC
Other Case Reports
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Tulip Mania - Can an individual or group be said to have de-facto control over a cryptocurrency network?
27 April 2023
(Tulip Trading Limited v Van der Laan and Others [2023] EWCA Civ 83)In the Dutch Golden Age, circa 1634, the price of tulip bulbs temporarily reached extraordinarily high levels as market speculators...
No items found.
Late Change to Commission SEP Proposal Suggests Flawed Process
27 April 2023
The European Commission today published it's Proposal for a Regulation on Standard Essential Patents (COM(2023) 232 final 2023/0133 (COD)). An initial and amended version had both been leaked shortly...
No items found.
G2/21 – Enlarged Board Rules that Plausibility is Not the Answer
25 April 2023
Before the European Patent Office, applicants frequently wish to rely on experimental evidence obtained after the filing date of the patent application ("post-filed evidence") in order to support an...
No items found.
Software developer found to have copied former employer's code despite using different programming language and deleting the original source code
18 April 2023
BackgroundThe claimants are two companies ("PQ") that produced quality assurance software, in particular statistical process control ("SPC") software and gauge management software.
No items found.
Court of Appeal ends anticipation for InterDigital’s 3G Standard Essential Patent by revisiting claim construction
23 March 2023
This Update deals with an interesting determination of the Court of Appeal before Lord Justices Lewison, Asplin, and Arnold where they overturned a finding of anticipation (lack of novelty) made by...
No items found.
A pig in wolf’s clothing? Wolfoo unable to avoid valid service by providing multiple email addresses for service.
06 March 2023
Entertainment One UK Limited & Anor v SCN Media Ltd & Ors [2022] EWHC 3295 (Ch)A seemingly global battle has begun between the owners of Peppa Pig and the makers of Wolfoo.
No items found.
Tulip - a cautionary tale. Do software developers owe a fiduciary duty to users of the code they write? (Tulip Trading v Van Der Laan and Others)
27 February 2023
SummaryOn 3 February 2023, the Court of Appeal in England ruled that the dispute between the Claimant, Tulip Trading Limited ("Tulip Trading") and the Defendants, who are sixteen bitcoin developers...
No items found.
Director’s Liability Caught in a Tangle in Toy Making Feud in UK High Court
17 February 2023
In Tangle Inc ("Tangle") and One for Fun Ltd ("One for Fun"), Mr David Stone (sitting as Deputy High Court Judge) had to consider the liability of three directors from One for Fun as joint...
No items found.
InterDigital v Lenovo [2023] EWCA Civ 34
16 February 2023
BackgroundAt first instance, His Honour Justice Hacon found EP 2 485 558 valid and essential to LTE. Lenovo were granted permission to appeal by Lord Justice Arnold against a finding of inventive...
No items found.
A Year in Patents - Part 1/4: Swapping Simulations for the Patent Profession
14 February 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.
Key provisions and IP considerations of the incoming EU CHIPS Act
13 February 2023
This article originally appeared in IAM. Draft regulation not explicit on IP policy but some early guidance is on offer Act offers extensive opportunities for investment and collaboration Risk that...
No items found.
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...
No items found.
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.
No items found.
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...
No items found.
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.
No items found.
Stay in the Know
The UPC Newsletter
Get expert insights and the top patent stories delivered straight to your inbox.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form. Please try again.