Case Reports

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.

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...

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...

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.

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,...

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...

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...

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...

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,...

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...

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...

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...

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...

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.

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...

The European Patent Office (EPO) has published the draft version of revised Guidelines for Examination 2012 online.Partner Darren Smyth casts his eye over the draft version in his latest IPKat post.

The first compulsory licence of an Indian patent since the TRIPS regime was implemented in India has been awarded. Although the licence relates to a pharmaceutical product, the grounds on which the...

Following on from his IPKat post about India granting its first compulsory licence, Darren Smyth explores what limitations the TRIPS agreement puts on compulsory licensing in his latest blog.

The first compulsory licence has been granted by the Controller of Patents Mumbai.The application concerns the anti-cancer drug Sorafenib, a patented drug owned by Bayer Corporation.

The subject of today's IPKat post - The Cost of Knowledge - by Darren Smyth concerns a campaign against Elsevier, the publisher of academic journals.

Recent decisions of the Boards of Appeal of the EPO are now updated continuously on the EPO website.In today's IPKat blog, Darren Smyth highlights some noteworthy cases from the first two months of...

SummaryThe Court of Justice of the European Union (CJEU) has confirmed that owning a Community registered design (CRD) does not provide a defence to an infringement action relating to earlier CRDs.

The European Patent Office (EPO) has launched a new patent translation service which uses Google's Translate technology.Reported by partner Darren Smyth via his IPKat blog, the service initially...

Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.

The issues of colour and composition form the basis of the questions referred to the CJEU by the Court of Appeal in this case of Specsavers International Healthcare & ors v Asda Stores Ltd.

The Court of Appeal has confirmed that it can be acceptable to improve your position in litigation by obtaining a new trademark registration in the period between the start of infringing acts and...

Partner Darren Smyth has made his second and third posts since joining the IPKat as a guest blogger.What is obvious - the route or the destination? is about the approach taken by patent offices to...

Following yesterday's announcement that Darren Smyth has been appointed as the third guest blogger on the IPKat, he has now made his first post.

The EPO has just officially published (T 777/08 Atorvstatin Polymorphs OJEPO 12/2011 633-643) a decision of the Technical Boards of Appeal which surprisingly finds that, in general, a claim to a...

In a recent EIP newsflash we reported a recent development in the way the UK Intellectual Property Office handles subject matter excluded from patentability, based on a High Court judgement relating...