Case Reports
UPC Case Reports
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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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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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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The UPC is now open!
01 June 2023
After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...
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The UPC: I've done nothing about it - will it be okay?
31 May 2023
Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC.
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The limits of an “opt-in” to the UPC – How and when can national actions block the way back to the UPC?
30 May 2023
Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...
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EIP Amar webinar - Prepare for the UP and UPC
16 May 2023
On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent...
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Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
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The Unified Patent Court (UPC) will begin operations in Europe on 1 June
20 February 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...
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Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
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Member States participating in UPC
23 August 2022
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...
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What is the Unitary Patent, and how do I get one?
09 June 2022
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.
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Unitary Patent and Unified Patent Court - finally happening?
24 September 2021
The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.
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Other Case Reports
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Bringing sufficiency within range: Birss J recasts the Regeneron principles for process claims
15 February 2021
Illumina Cambridge Limited v Latvia MGI Tech SIA & Ors[2021] EWHC 57 (Pat)The case centres on Illumina's contention that MGI's DNA sequencing systems infringe their patents.
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Success for EIP litigation team and client Optis against Apple
22 October 2020
Last Friday, 16October 2020, judgment was handed down by Mr Justice Birss in the High Court, London, in the first of four technical trials listed in EIP client Optis’ UK patent litigation and...
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Chambers UK 2021 recognises EIP’s expertise
22 October 2020
EIP has been highly rated in the 2021 edition of Chambers & Partners UK.Researchers highlighted EIP for its “excellent patent prosecution and oppositions practice” and its “highly capable trademark...
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Five EIP associates recognised as UK’s up-and-coming IP practitioners in MIP Rising Stars
21 October 2020
Litigation solicitors Tom Brazier and Catherine Howell along with patent attorneys Robert Barker, Tim Belcher, and Felix Hall have all been ranked as “Rising Stars” in the 2020 edition of IP Stars...
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EPO Enlarged Board considers products obtained by essentially biological processes unpatentable – U turn to avoid EPC amendment?
21 May 2020
The Enlarged Board of Appeal at the European Patent Office has now provided its opinion in G3/19 abandoning the interpretation of Article 53 (b) EPC given in previous decision G2/12.
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Medical use claims are increasingly vulnerable to Lack of Sufficiency attacks at the EPO - a recent decision gives some hints
21 May 2020
Article 83 EPC (Sufficiency) requires a European patent to disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
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UKIPO report of IP trends for UK Higher Education Institutions highlights life sciences innovation
30 April 2020
On 29 April 2020, the UKIPO published an overview report of IP trends for UK Higher Education Institutions (HEIs) and their spin-out businesses, between 1999 and 2018.
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How video hearings have kept the Courts open
06 April 2020
The COVID-19 outbreak is impacting people around the globe.The UK government has, like many other governments, been forced to take drastic action to curtail individuals’ movements to enforce social...
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Fabric textures can be “artistic work”: Response Clothing v Edinburgh Woollen Mill
06 April 2020
Copyright can subsist in a fabric pattern after HHJ Hacon ruled that such designs constitute a work of artistic craftmanship.In Response Clothing Ltd v Edinburgh Woollen Mill Ltd [2020] EWHC 148...
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Brexit and IP: Business as usual during the transition period
31 January 2020
The UK leaves the EU on 31 January 2020 – but until at least the end of 2020 it will be business as usual for intellectual property rights.The Withdrawal Agreement between the EU and the UK was...
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Brexit and Intellectual Property – An Update
30 October 2019
The European Union has announced that it will agree to the UK request for a further extension to the period in which the UK remains a full member of the EU (the “Article 50 period”) until 31 January...
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First multimedia ‘motion’ trademark registered in UK
12 August 2019
Toshiba has become the first organisation to register a ‘motion’ trademark in the UK after submitting a multimedia file.While it has been possible to register motion marks before, submissions were...
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SMEs and Patents: key considerations
19 June 2019
For companies looking to begin the patenting process, when to do so, while managing costs, are common concerns. Here, Matt Jones explains how to get started in IP.
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Why confidentiality may not be enough to safeguard your US patent prospects
20 March 2019
In Helsinn Healthcare S.A. et al. v. Teva Pharmaceuticals USA, Inc., No. 17-1229, the US Supreme Court held that the assessment of whether an invention had been put “on sale”, and had therefore...
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EIP Sponsors ChIPs Networking Event
07 March 2019
EIP is sponsoring a ChIPs networking event in support of charity Code First: Girls, aimed at helping women enter the tech industry.On Thursday 28 March ChIPs will be hosting a pub quiz in London,...
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