Case Reports
UPC Case Reports
No breach of Inspection Order by Respondent who refused access
28 August 2025
Centripetal Limited v. Palo Alto Networks, Inc. UPC_CFI_636/2025 Decision of 25 July 2025 (ORD_32958/2025[1]) A recent procedural issue in an infringement case before the Local Division in Mannheim...
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UPC
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Recent cases
Edwards v Meril – The Interaction of Parallel UPC and EPO Proceedings
28 August 2025
What happens when a European Patent Office opposition is pending at the same time as a UPC action? And what happens if the EPO and UPC reach differing conclusions on the validity?
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UPC
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Recent cases
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Other procedural aspects
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Suspension (stay) of proceedings
Milan Central Division issues Decision by Default, Clarifying the Requirements
14 August 2025
EOFLOW v INSULET UPC_CFI_597/2024 Decision of 22 July 2025 (ORD_69390/2024[1] and ORD_69391/2024[2]) This decision, granting a decision by default against EOFLOW after EOFLOW declined to pay the...
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UPC
UPC Court of Appeal sets out criteria for evidence preservation and inspection orders
11 August 2025
UPC Court of Appeal sets out criteria for evidence preservation and inspection orders Valinea Energie SASU v Tiru SAS (UPC_COA_002/2025) and Maguin SAS v Tiru SAS (UPC_COA_327/2025) Court of Appeal...
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UPC
The UPC expands its jurisdiction limits by granting its first UK injunction
01 August 2025
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH UPC_CFI_359/2023 and UPC_CFI_365/2023 Orders of 18 July 2025 The UPC has begun to shape the contours of...
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UPC
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Analysis
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Recent cases
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Infringement
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Jurisdiction
UPC grants provisional injunction and clarifies intermediary liability
01 August 2025
Aesculap AG v Shanghai International Holding Corporation GmbH (Europe) (UPC_CFI_213/2025 relating to EP2892442B1) Order of 10 July 2025 (ORD_32728/2025 [1]) This Decision from the Düsseldorf Local...
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UPC
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Recent cases
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Provisional injunction
Brussels LD Grants Evidence Preservation and Inspection Order in Pertuzumab Biosimilar Dispute
29 July 2025
Genentech Inc. & F. Hoffmann – La Roche AG v Organon & Co, Organon Heist B.V. NV Organon & Shanghai Henlius Biotech Inc. (UPC_CFI_407/2025 and 408/2025) Orders dated 30 May 2025 (ORD_23125/2025 and...
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UPC
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Recent cases
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Preservation of evidence
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Evidence (general)
UPC Clarifies Time Limit Flexibility in Nanoval v ALD
29 July 2025
Nanoval GmbH & Co. KG v ALD Vacuum Technologies GmbH (UPC_CFI_63/2025 relating to EP3083107) Order of 22 July 2025 (ORD_25245/2025 [1]) This Decision from the Munich Local Division of the Unified...
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UPC
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Recent cases
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Time limits
Court of Appeal Clarifies UPC rules on decisions by default
25 July 2025
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation UPC_CoA_363/2025 Decision of 12 July 2025 ORD_32844/2025[1] The UPC Court of Appeal has corrected a lower court's misunderstanding...
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UPC
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Recent cases
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Infringement
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Security for costs
UPC Court of Appeal Clarifies Limits on Security for Costs in Emboline v. AorticLab
23 July 2025
In a significant ruling before the Unified Patent Court (UPC)[1], the Court of Appeal has clarified that a claimant in an infringement action cannot request security for costs from a defendant who...
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UPC
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Recent cases
UPC refuses extension of deadline for review of seizure order after refusal of service
22 July 2025
Sichuan Yuanxing Rubber Co., Ltd. and China Council for the Promotion of International Trade, Automotive Sub Council Order of 14 July 2025 (ORD_26742/2025 [1]) This article follows up on the UPC...
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UPC
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Recent cases
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Time limits
UPC grants ‘in absentia’ permanent injunction on agricultural tool
21 July 2025
Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604) Order of 25 June 2025 (ORD_17812/2025 [1]) This Decision from the Central Division of the Unified Patent Court...
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UPC
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Recent cases
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Permanent injunction
Applying Ocado, the UPC grants a R262 request to access CFI documents
09 July 2025
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...
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UPC
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Access to documents
UPC decides that the formalities of withdrawal of opt out do not matter
03 July 2025
Dolby International AB v. Epson France SAS UPC_CFI_77/2025 Order of 27 May 2025 ORD_18316/2025[1] The Hamburg Local Division of the UPC has decided that a withdrawal of opt out from the UPC is valid,...
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UPC
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Recent cases
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Jurisdiction
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Opt out
Paris Local Division rules on validity of juicer patent, scope of R. 19 RoP
27 June 2025
Hurom Co., Ltd v. NUC Electronics Co., Ltd, NUC Electronics Europe GmbH & Warmcook (UPC_CFI_163/2024) Order of 23 May 2025 (Order no. ORD_69293/2024[1] relating to EP 3 155 936) The Paris Local...
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UPC
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Recent cases
Other Case Reports
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Human Embryonic Stem Cells Precluded From Patentability
02 November 2011
In its judgement of 18 October 2011, the Court of Justice of the European Union (CJEU) has confirmed that human embryonic stem cells (hESCs) do not constitute patentable subject matter, given the ban...
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Copyright wars over Stormtrooper helmet
18 October 2011
The judgment of the Supreme Court in Lucasfilm v Ainsworth [2011] UKSC 39, has both confirmed earlier judgments as to when a three-dimensional item may not be protected by copyright as a work of...
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Have your say: design right protection - effective or not?
17 October 2011
In May 2011, a review, entitled “Digital Opportunity: A Review of Intellectual Property and Growth” (commonly known as “The Hargreaves Review”), was commissioned by the Government to assess whether...
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All in the Mind? UK High Court Endorses Narrow Criteria for Patentability Exclusion
12 October 2011
A recent High Court judgement regarding Halliburton’s Patent Applications ([2011] EWHC 2508 (Pat)) signals a new development in the way the UK Intellectual Property Office (UKIPO) handles subject...
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Bitter battle for the Yorkshire rose
26 September 2011
In a recent High Court judgement involving Samuel Smith and Cropton breweries the Hon Mr Justice Arnold stressed on the importance of mediation for resolving disputes quickly and cost efficiently.
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The Importance of Being Registered: The Effect of Non-Registration of an Exclusive Licence
26 August 2011
A Court of Appeal judgment in Schutz v Werit has clarified the effect on claims for costs of failing to register an exclusive licence.This judgment is a continuation of an earlier judgment, reported...
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Interpreting Swiss claims: Ranbaxy (UK) Limited and AstraZeneca AB
16 August 2011
This case raised the question of the proper interpretation of a medical use (“Swiss”) claim, and confirmed that they will generally be interpreted in the same way as a “specific use” second medical...
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You may take my company and my trademarks, but you cannot take my name
15 August 2011
A recent judgement from the Court of Justice of the European Union (CJEU) in case C-263/09P highlights the interplay between Community Trade Marks (CTM) and national rights.
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Prior use rights and wrongs
11 August 2011
One of the aspects arising from the judgment in Lundbeck v Infosint [2011] EWHC 907 (Pat) is the potentially narrow scope of prior use rights.
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SPCs: When does a patent protect a product?
10 August 2011
The law governing supplementary protection certificates (SPCs) is in theory harmonised within the EU. However, different interpretations have arisen with the result that there are presently nine...
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Albert Packaging v Nampak Cartons: we didn’t copy your design, right?
01 July 2011
The Patents County Court has handed down judgment ([2011 EWPCC 15) in a dispute between Albert Packaging Limited (“Albert”) and Nampak Cartons & Healthcare Limited (“Nampak”), regarding alleged...
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Lundbeck v Infosint: The importance of registering assignments
01 July 2011
A recent judgement in the Patents Court [2011] EWHC 907 (Pat) by the Hon Mr Justice Floyd has emphasised the importance of registering assignments and exclusive licences relating to European patents...
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What’s in the Patent Box? An update
16 June 2011
What is a 'Patent Box'? The Patent Box is a taxation scheme proposed for the UK. Under the Patent Box scheme companies will be able to apply a 10% rate of corporation tax for net profits arising from...
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EPO and ITU cooperate to improve transparency in patents and ICT standards
27 May 2011
The European Patent Office (EPO) and the International Telecommunications Union (ITU), which creates Information and Communication Technology (ICT) standards, have announced that they have signed an...
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Reconciling national measures for EU-wide CTM enforcement
24 May 2011
This judgement by the Court of Justice of the European Union (CJEU) confirms that when a national court acting as a Community Trade Mark Court imposes measures to ensure compliance with a judgment,...
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