Case Reports
UPC Case Reports
Philips successfully asserts wireless charging patent at the UPC
23 October 2024
Koninklijke Philips N.V. v. Belkin GmbH, Belkin Limited, Belkin International, Inc. (UPC_CFI_390/2023) Decision of 13 September 2024 (ORD_598464/2023)[1] Philips asserted their patent EP 2867997[2],...
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Infringement
Intervention by patent pool administrator permitted
22 October 2024
NEC Corporation v TCL Communication Technology Holdings Ltd. & Others (UPC_CFI_153/2024) Order dated 2 October 2024 (ORD_46842/2024)[1] NEC Corporation ("NEC") sued seven companies within the TCL...
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Intervention
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Representation
Lisbon Local Division Refuses Provisional Injunction due to Delay
21 October 2024
Telefonaktiebolaget LM Ericsson v Asustek Computer Inc, Arvato Netherlands B.V., Digital River Ireland Ltd. (UPC_CFI_317/2024) Decision of 15 October 2024 (ORD_52116/2024[1]) This judgment relates to...
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Provisional injunction
UPC rules that in house lawyers cannot act as UPC representatives
16 October 2024
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_CFI_164/2024) Order of 16 September 2024 (ORD_41174/2024)[1] This decision of the Paris Central Division of the UPC arose in...
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Representation
Central Division (Paris seat) issues the first decision by default in a revocation proceeding
14 October 2024
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. (UPC_CFI_412/2023) Order dated 16 September 2024 (ORD_51965/2024) concerning EP 2 796 333 The patent in suit EP 2 796 333 relates to...
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UPC
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Revocation
UPC Court of Appeal Confirms Provisional Injunction for Ortovox
04 October 2024
Mammut vs Ortovox Court of Appeal Luxembourg Order of 25 September 2024 [1] UPC_CoA_182/2024, APL_21143/2024 Introduction In its order dated 09 April 2024, the Düsseldorf Local Division reviewed the...
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Appeal
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Infringement
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Provisional injunction
Hamburg Local Division grants ex parte provisional injunction based on exhibition at IFA trade fair 2024 in Berlin
26 September 2024
Koninklijke Philips N.V. v Shenzhen Yunding Information Co., Ltd. (UPC_CFI_516/2024) ORD_50890/2024 dated 9 September 2024 concerning EP 3 197 316 After visiting trade fair IFA 2024, which started on...
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UPC
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Provisional injunction
UPC LD Munich further defines the limits for issuing a preliminary injunction
25 September 2024
Syngenta v Sumi Agro UPC_CFI_201/2024 Order dated 27 August 2024 ORD_47657/2024[1] Syngenta Limited ("Syngenta") applied for a preliminary injunction against Sumi Agro ("Sumi").
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UPC
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Provisional injunction
UPC Orders Provisional Injunction in relation to barcode reading software
10 September 2024
Hand Held Products, Inc. v Scandit AG UPC_CFI_74/2024 Order of 27 August 2024 ORD_46277/2024[1] The claimant Hand Held Products, Inc. is the proprietor of EP3866051, registered as a Unitary Patent,...
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UPC
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Recent cases
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Intervention
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Inventive step
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Provisional injunction
UPC Court of Appeal Clarifies Jurisdiction on indirect infringement
10 September 2024
Aylo Premium Ltd, Aylo Billing Limited and Aylo Freesites Ltd v Dish Technologies and Sling TV UPC_CoA_188/2024 Order of 3 September 2024 ORD_42716/2024[1] Dish is the proprietor of EP 2479680 and...
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UPC
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Jurisdiction
UPC Refuses Provisional Injunction finding imminent infringement not substantiated
09 September 2024
Novartis AG and Genentech, Inc. v Celltrion Inc. UPC_CFI_166/2024 Novartis AG and Genentech, Inc. v Celltrion Healthcare Hungary Kft., Celltrion Healthcare Deutschland GmbH, Celltrion Healthcare...
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Infringement
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Jurisdiction
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Provisional injunction
UPC Jurisdiction over Ireland: Not so fast says Court of Appeal
22 August 2024
On 19 August 2024, the Court of Appeal (CoA) of the Unified Patent Court issued its order (UPC_CoA_388/2024 APL_39884/2024) on an application for suspensive effect in the appeal by Sibio Technology...
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UPC
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Appeal
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Provisional injunction
Mannheim Local Division Finally Dispenses with Service by Hague Procedure
15 August 2024
Panasonic Holdings Corporation v Xiaomi H.K. Limited (UPC_CFI_330/2024, UPC_CFI_332/2024 and UPC_CFI_335/2024) Orders of 1 August 2023 (ORD_44601/2024, ORD_44597/2024, ORD_44656/2024)[1] Panasonic...
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UPC
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Service of actions
Costs orders at UPC
14 August 2024
Two recent decisions highlight procedural points to be aware of when seeking costs. VusionGroup SA (formerly SES-imagotag SA) v Hanshow Germany GmbH & Ors (UPC_CFI_292/2023; UPC_COA_1/2024) Court of...
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UPC
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Appeal
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Costs
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Provisional injunction
Steps needed following evidence preservation order
13 August 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023; UPC_COA_177/2024) Court of Appeal Order dated 23 July 2024 (ORD_36778/2024) [1] Progress Maschinen &...
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UPC
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Appeal
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Preservation of evidence
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Time limits
Other Case Reports
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Technology and Climate change
04 March 2024
Key points The transition to green energy may reduce the cost of energy as renewable energy becomes cheaper than fossil fuels for most applications. Cheaper energy will support future technology.
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A Year in Patents - Part 4/4: Back to School—and Back to Exams
29 February 2024
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. This is the final instalment of the series.
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IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits
23 February 2024
Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark "mercury" in relation to high...
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Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute
15 February 2024
Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited ("CCL") for a declaration of non-infringement of EP (UK) 1...
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Deletion of “claim-like” clauses: an EPO Board of Appeal allows them to remain in the granted patent (T 0438/22)
14 February 2024
Summary A recent decision T 0438/22 from the EPO's Boards of Appeal questions the justification for the EPO's Guidelines for Examination requirement that "claim-like" clauses in the description of...
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EPO Board of Appeal applies the G2/21 test for post-published evidence
09 February 2024
The EPO Board of Appeal decision on T 0852/20 has recently been published. It is another decision using the new test under G 2/21, which set out when post-published evidence can be relied upon for...
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Abbott v Dexcom [2024] EWHC 36 (Pat)
24 January 2024
Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has...
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Amendments to Rules of Procedure of the Boards of Appeal: attempt to enhance timeliness for cases involving parallel litigation
23 January 2024
Summary On the 1 January 2024, amendments made to the Rules of Procedure of the Boards of Appeal came into force [1]. A change to Article 15(1) means that a Board can now summon parties to oral...
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Admissibility before Boards of Appeal at the EPO: Current state of play
10 January 2024
The EPO's Technical Boards hear appeals from decisions of the Examining and Opposition Divisions with the primary aim of providing a factual and legal review of the first instance decision and not to...
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Design Piracy or Functional Necessity: Court Rules on Breast Pump Battle in Chiaro Technology Limited v Mayborn (UK) Limited
09 January 2024
The Claimant, Chiaro Technology Limited ("Chiaro"), is the owner of a number of registered designs of which several are incorporated into its product the ‘Elvie', a wearable breast pump.
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Bioinformatics or Techbio: Semantic musings from a patent perspective
08 January 2024
Bioinformatics has become an increasingly discussed topic in our increasingly digital world. Data analysis has always been part of biology but the increasing need and desire to analyse large data...
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End of the line: DABUS reaches its final stop in the UK
22 December 2023
On 20 December 2023, the Supreme Court of the United Kingdom handed down its judgment in Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49 in which it unanimously...
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Therapists’ passing-off claims, libel and harassment allegations unravelled
15 December 2023
This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com.
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Report on EPO Patent Knowledge Week
13 December 2023
The European Patent Office (EPO) has recently held many online conferences but the real highlight has been the Patent Knowledge week. There were three full days on 28-30 November discussing AI, the...
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Clause Ambiguity and Contract Disputes: Insights from Capita v IBM (2023)
07 December 2023
Introduction This case relates to (as stated by the judge) a "rare dispute as to the construction of a contract where one or both parties do not make some appeal to matters of factual matrix to...
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