Case Reports

UPC Case Reports

Intervention request refused
16 April 2025
Accord Healthcare B.V. & Others v Novartis AG (UPC_CFI_6984/2024) Application to Intervene by Zentiva K.S. and Zentiva Portugal, LDA Order of 27 March 2025 (ORD_10348/2025)[1] The Claimants...
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Recent cases
Costs assessment following interim measures at UPC
03 April 2025
SSAB Swedish Steel GmbH & SSAB Europe Oy v Tiroler Rohre GmbH (UPC_CFI_640/2024) Orders of 10 February 2025 (Order nos. ORD_68941/2024[1] and ORD_65844/2024[2]) This is a decision on the...
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UPC
Related actions filed in different UPC divisions
01 April 2025
biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH, S.I.A. LIGHTGUIDE International (UPC_CFI_714/2024) Order of 12 February 2025 (ORD_68717/2024[1]) On 20 November 2024, the Claimant...
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Infringement
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UPC
Independence of representatives
28 March 2025
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_COA_563/2024; APL_53716/2024) Appeal Order of 10 February 2025 (APL_68946/2024)[1] The Appellant ("Suinno") filed an...
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UPC
Security for costs refused in revocation action
24 March 2025
AYLO PREMIUM LTD v DISH Technologies L.L.C. (UPC_CFI_198/2024) Order of 18 February 2025 (Order no. ORD_59528/2024[1]) Written by Emily Williams The Central Division (Paris Seat) has rejected a...
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Recent cases
Ceiling for recoverable costs still applies in the case of multiple Defendants
18 March 2025
Imbox Protection A/S v. Brunngård Group AB & Footbridge Group AB (UPC_CFI_527/2024) Order of 17 February 2025 (Order no. ORD_68981/2024[1] relating to EP 2 276 862) The Stockholm Local Division of...
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Costs
Decisions by Default granting Provisional Injunctions
05 February 2025
air up group GmbH v Guangzhou Aiyun Yanwu Technology Co., Ltd. UPC_CFI_508/2023 and UPC_CFI_509/2023 Decisions by default of 9 January 2025 (ORD_1359/2025[1] and ORD_1378/2025[2]) The claimant...
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Provisional injunction
Infringement action following provisional injunction
22 January 2025
Syngenta Limited v Sumi Agro Limited and Sumi Agro Europe Limited (UPC_CFI_201/2024) Order of 12 December 2024 (ORD_65555/2024[1]) As we reported,[2] Syngenta obtained a provisional injunction...
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UPC
UPC Finds Patent Infringed by Equivalence
21 January 2025
Plant-e v Arkyne UPC_CFI_239/2023 Decision of 22 November 2024 (ORD_598516/2023 [infringement] ORD_598513/2023 [counterclaim for revocation]) The first claimant Plant-e Knowledge B.V.
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UPC grants two orders to seize suspected infringing motorcycle tyres
17 January 2025
Pirelli Tyre S.P.A. v Tianjin Kingtyre Group Co., Ltd. and Kingtyre Deutschland Gmbh. (UPC_CFI _650/2024 relating to EP2519412B1) Pirelli Tyre S.P.A. v Sichuan Yuanxing Rubber Co., Ltd.
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Security not released after revocation at first instance
16 January 2025
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC_CFI_252/2023) Decision of 17 December 2024 (Order no. ORD_56957/2024 relating to EP 2 794 928 B1) Introduction...
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UPC
UPC grants provisional injunctions on rotary electric engines
13 December 2024
Valeo v Magna (UPC_CFI_368/2024 relating to EP3320604 and UPC_CFI_347/2024 relating to EP3320602) Orders of 31 October 2024 (ORD_56534/2024[1] and ORD_56545/2024[2]) Valeo Electrification sought...
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Provisional injunction
Security for the Claimant in Revocation Action
07 November 2024
KINEXON SPORTS & MEDIA GMBH vs BALLINNO B.V. (UPC_CFI_230/2024, Revocation Action No. ACT_27358/2024) Order of the CFI of the UPC Paris Central Division dated 14 October 2024 (ORD_47273/2024)[1] The...
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Security for costs
Sodastream prevails against competitor Aarke in an infringement dispute
05 November 2024
SodaStream Industries Ltd. v Aarke AB (UPC_CFI_373/2023) Decision of 31 October 2024 (ORD_598499/2023) [1] concerning EP 1 793 917 Sodastream (in the following "Claimant") and Aarke (in the following...
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Infringement
10x Genomics patent revoked
24 October 2024
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC 252/2023) Decision of 17 October, 2024 (ORD_598480/2023[1]) This decision from the Central Division in Munich...
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Revocation

Other Case Reports

Scientific publishing: learned society journals v commercial alternatives
09 March 2012
The subject of today's IPKat post - The Cost of Knowledge - by Darren Smyth concerns a campaign against Elsevier, the publisher of academic journals.
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EPO Boards of Appeal: recent decisions
05 March 2012
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...
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Owning Community registered design provides no protection from infringement proceedings
02 March 2012
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.
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EPO and Google launch patent translation service
29 February 2012
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...
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Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor – Self-perpetuating references to the CJEU
24 February 2012
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.
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Colour and Composition: Just how relevant are they?
23 February 2012
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.
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Legitimate to improve your position in litigation by obtaining a new trademark registration – confirmation by UK Court of Appeal
17 February 2012
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...
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IPKat: Latest posts by Darren Smyth
13 February 2012
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...
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IPKat: Catalogue of Interest from the EPO
02 February 2012
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.
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Crystal polymorph patenting becomes more difficult in Europe
17 January 2012
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...
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All in the American mind? US and UK take different approaches to assessing mental act exclusions
21 December 2011
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...
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M&S v Interflora – the latest CJEU ruling on the use of keywords
14 December 2011
Can use by a competitor of a trademark as a keyword in an advertising service, such as Google’s AdWords service, be restricted by the proprietor of the trademark? Services such as AdWords allow...
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Patent Box moves a step closer
25 November 2011
The Patent Box reaches another milestone. On the 6 December the Government will publish the draft legislation based on the public consultation in the light of its original proposals.
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Industrial applicability, patents and the Supreme Court: HGS v Eli Lilly
23 November 2011
In Human Genome Sciences Inc v Eli Lilly and Company [2011] UKSC 51, The UK Supreme Court overturned the High Court and Court of Appeal rulings and found that a patent met the requirement of...
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Disclaimers (G 2/10)
18 November 2011
The Enlarged Board of Appeal (EBoA) has ruled on the admissibility of disclaimers which disclaim subject-matter which is disclosed as an embodiment in the application as filed.
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