Case Reports
UPC Case Reports
XSYS Germany GmbH & ors. v. Esko-Graphics Imaging GmbH
17 June 2025
Decision of 2 June 2025 (Order no. ORD_23545/2025) Ekso originally brought infringement proceedings against XSYS in respect of its EP 3 742 231 patent, relating to a method of curing photo-curable...
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The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state...
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Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
23 May 2025
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair.
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Court of Appeal Upholds Decision on Provisional Measures
20 May 2025
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background...
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AGFA fails in its infringement claim against Gucci
15 May 2025
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA's patent EP3388490, which relates to decorating...
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Printing plates case displays practical points to consider in Fujifilm V Kodak
09 May 2025
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between...
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Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
09 May 2025
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel...
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Security for costs
Provisional injunction denied for clay-based haemostatic agent
01 May 2025
Teleflex Life Sciences II LLC v Speed Care Mineral GmbH (UPC_CFI_701/2024 relating to EP2007811) Order of 21 February 2025 (ORD_ 68880/2024)[1] Application for preliminary injunction refused.
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Mammaoet Holding B.V. v P.T.S. Machinery B.V.
28 April 2025
(UPC_CFI_16/2025) Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22 January 2025 regarding the preserving of evidence This is a decision on the preservation...
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UPC rules on scope of product by process features in claims
28 April 2025
Yellow Sphere Innovations GmbH, Erwin Härtwich v Knaus Tabbert AG UPC_CFI_50/2024 Decision of 10 April 2025 (ORD_68984/2024[1]) This decision from the Düsseldorf local division has a number of...
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Security for Costs Application
28 April 2025
Emboline, Inc. v AorticLab srl (UPC_CFI_628/2024) Order of 16 April 2025 (ORD_9097/2025)[1] The LD Munich has recently provided some guidance on when security for costs will be available as well as...
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Security for costs
Application for a preliminary injunction refused
24 April 2025
Barco NV v Yealink Network Technology Co. Ltd. & Ors. (UPC_CFI_582/2024) Order of 21 March 2025 (ORD_68979/2024)[1] Barco is a company operating in the entertainment, enterprise and healthcare...
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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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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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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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UPC
Other Case Reports
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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...
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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.
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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.
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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.
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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...
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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...
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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...
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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.
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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...
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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.
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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...
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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...
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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...
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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.
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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...
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