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.
#
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
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...
#
UPC
#
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.
#
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...
#
UPC

Other Case Reports

Reining IT in – Differing Approaches to AI Regulation in the UK and the EU?
09 May 2023
IntroductionWhen researchers at Darmouth College coined the term ‘artificial intelligence' ("AI") in a research proposal in 1955, they could hardly have imagined the explosive impact the...
No items found.
EU Commission proposes EU-wide compulsory licences for the first time
28 April 2023
Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees.
No items found.
EU Commission Announces Major Reforms to Supplementary Protection Certificates
27 April 2023
The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe.
No items found.
The Deep Non-Thinker
27 April 2023
Lock up your authors! ChatGPT is here! And it's coming for your IP!The internet is awash with content written about, or written by, the new chat-bot in town, ChatGPT.
No items found.
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.
No results found.
There are no results with this criteria. Try changing your search.
Stay in the Know

The UPC Newsletter

Get expert insights and the top patent stories delivered straight to your inbox.