Case Reports

UPC Case Reports

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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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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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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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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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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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
UPCA - Harmonisation of Infringement
05 July 2023
Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across...
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UPC
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Analysis
Update on Unitary Patent request filing statistics
14 June 2023
The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023.
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UPC
Unitary Patent Day 2023
07 June 2023
Today is Unitary Patent day!In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of...
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UPC

Other Case Reports

UKIPO Case Studies Open the Black Box on Examining Patent Applications Relating to AI Inventions
26 September 2022
On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred...
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Significant inventions that have gone under the mainstream radar
20 September 2022
Powering KipchogeMost people interested in sports will be aware of Project 1.59 – Eluid Kipchoge's 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped...
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The WaterRower managed to row back from being struck out
25 August 2022
In the recent strike out application heard on 28 July 2022, Waterrower (UK) Limited v Liking Limited (T/A Topiom) [2022] EWHC 2084 (IPEC), David Stone, sitting as deputy high court judge, considered...
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The Concept of “Technical Character” becomes increasingly relevant for healthcare patents – Lessons from Recent EPO BoA Decisions
09 August 2022
As patent attorneys practicing in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields.
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Internet video evidence as prior art? The EPO Boards of Appeal have views...
29 July 2022
Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO.
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Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!
01 July 2022
BackgroundOn 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are...
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Tilting At Windmills
28 June 2022
A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage...
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Patents Court affirms power to grant injunctions for pre-grant patents, but refuses injunction for Novartis
07 June 2022
Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod,...
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Pride Month, Progress, and The Paradox of Tolerance
06 June 2022
Once upon a time, in New York City, there was a riot.Not, by itself, an especially notable occurrence – New York is a pretty good place for rioting, as such places go, and as both myself and my...
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Mobility-as-a-Service – how will you travel?
24 May 2022
Mobility-as-a-Service - how will you travel? The taxi service industry has undergone huge disruption over the last decade with the proliferation of ride-hailing apps.
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High Court refuses Neurim and Flynn interim injunction against Teva in third instalment of melatonin product dispute
16 May 2022
In the third chapter of Neurim and Flynn's dispute with generic companies, Mr Justice Mellor refused the Claimants' application for an interim injunction against generic giant, Teva, on the basis...
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Not a “FUNTIME” in Court for toy manufacturer after trademark infringement claim in IPEC fails
10 May 2022
This judgment concerns a claim for infringement of a UK and EU registered trademark brought in IPEC by Luen Fat Metal and Plastic Manufactory Co Ltd (the "Claimant") against Funko UK, Ltd (the...
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Loneliness is more than just a bad feeling, it’s a strategy against Our Souls
09 May 2022
When I was asked to prepare something for Mental Health Awareness Week with the theme of “loneliness”, my first thought was “well I don’t ever feel lonely so what could I write” and thought I would...
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#MentalHealthAwarenessWeek: The true impact of loneliness
09 May 2022
All usual disclaimers apply – not a doctor, not a shrink, not remotely qualified, not talking about how I know a lot of this.Loneliness sucks.
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The Club isn’t the Best Place (to find a DNI), so the Court is where Sheeran Goes
13 April 2022
On 6 April 2022, Mr Justice Zacaroli ruled on the highly publicised case involving Ed Sheeran (and others) against Sam Chokri (and others) over Mr Sheeran's 2017 well-known hit "Shape of You.
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