Case Reports

UPC Case Reports

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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UPC
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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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Recent cases
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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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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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Recent cases
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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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UPC
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Recent cases
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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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Recent cases
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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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Recent cases
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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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Recent cases
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Appeal
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Preservation of evidence
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Time limits
Paris central division maintains cold chain monitoring patent in amended form
12 August 2024
Bitzer Electronics A/S v Carrier Corporation (UPC_CFI_263/2023) Decision of 29 July 2024 (ORD_598395/2023) [1] This decision concerns a revocation action brought at the Paris central division by...
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Inventive step
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Novelty
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Other procedural aspects
UPC Orders Provisional Injunction on Mushroom Strain
12 August 2024
Amycel LLC v Szymon Spyra (UPC_CFI_195/2024) Order of 31 July 2024 (ORD_44133/2024) [1] Amycel LLC is the proprietor of EP 1993350, which is directed towards a specific mushroom strain, defined by...
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UPC
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Recent cases
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Infringement
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Novelty
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Permanent injunction
Double/twofold “appropriateness-test” applied by Local Division The Hague in Procedural Order concerning R. 109 RoP
01 August 2024
Szymon Spyra v. Amycel LLC (UPC_CFI_195/2024) Procedural Order delivered on 25 June 2024 (ORD_35405/2024) In a procedural order from the UPC, the Local Division The Hague has decided on a...
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Language

Other Case Reports

Antibody claims held sufficient, but how valuable will they be?
19 September 2012
In the latest Eli Lilly v HGS ruling, the Court of Appeal has found HGS antibody claims to be sufficient, given the Supreme Court has already held the claims to be capable of industrial applicability.
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SPCs for Antibodies: A CJEU reference probably but not immediately
17 September 2012
The Patents Court has issued another judgment expressing dissatisfaction with the CJEU’s ruling in Medeva (C-322/10). In particular, the Court has held that in order to determine if a particular...
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No way Round BMW’s rights – upgrade is not repair
11 September 2012
A High Court decision last month has provided guidance on how Article 110(1) of the Community Designs Regulation 6/2002/EC, which relates to the protection of designs for component parts of complex...
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Confusion in the marketplace: “Woolley” licences and misrepresentation
28 August 2012
Woolley v Ultimate Products Ltd[2012] EWCA Civ 1038 (26 July 2012)Upholding a decision of the High Court, the Court of Appeal considered the effect of a licence, consumer confusion “the wrong way”...
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Three new UK IPO decisions demonstrate the wide commercial applicability of registered designs
24 August 2012
In the UK, applications to declare a UK registered design invalid can be filed at the UK Intellectual Property Office (UKIPO), whereupon the case is decided by a Hearing Officer of the UKIPO acting...
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Design right re-design – an opportunity for UK business to shape design protection to suit its needs
22 August 2012
The UK Intellectual Property Office (UK IPO) has recently published a consultation document on the proposed reform of the UK Designs Legal Framework.
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Gimex v Chill Bag: does the indication of the product in a registered design affect validity and infringement?
20 August 2012
A Patents County Court judgment by HHJ Birss QC in Gimex v Chill Bag provides guidance on whether the indication of the product in a registered design has any bearing when assessing validity and...
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Adducing evidence of confusion in trademark actions – a further move towards tighter control of witness gathering exercises?
09 August 2012
Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch)In a wider action concerning the alleged infringement of two of Interflora’s trademarks through Marks & Spencer’s use of...
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Exceptions to the privilege of self-incrimination
07 August 2012
On 4 July in Phillips v Mulcaire [2012] UKSC 28 the Supreme Court of the United Kingdom gave judgment on two key issues regarding the privilege against self-incrimination.
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Budejovicky Budvar Narodni Podnik v Anheuser -Busch Inc [2012] EWCA Civ 880 (03 July 2012)
01 August 2012
The Court of Appeal recently allowed an appeal by Budejovicky Budvar Narodni Podnik (BB), against a decision that found its “Budweiser” mark invalid following an attack by Anheuser-Busch (AB) which...
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Patentability of computer programs - High Court judgment gives rise to useful examples of a “technical effect”
31 July 2012
(HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789).A further decision in the so-called “smartphone wars” was issued by the High Court recently in relation to a patent dispute between HTC Europe Co Ltd...
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IPKat: Further analysis of Generics (t/a Mylan) v Yeda and Teva
18 July 2012
In addition to an earlier summary by Darren Smyth of the ruling in Generics (t/a Mylan) v Yeda and Teva, Darren has provided further analysis for the IPKat.
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IPKat: Ruling in Generics (t/a Mylan) v Yeda and Teva
11 July 2012
Today’s ruling by Mr Justice Arnold (Patents Court, England and Wales) in Generics (t/a Mylan) v Yeda and Teva has been summarised by Darren Smyth for the IPKat.
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Samsung victorious in dispute with Apple over tablet computers
09 July 2012
Samsung has won a longstanding battle with Apple concerning one of Apple's Registered Community Designs for its tablet computers.The decision is significant because it represents the first...
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Confidential Information, In house lawyers and former employees – who has the burden of proof?
05 July 2012
Generics (UK) Ltd v Yeda Research & Development Co Ltd & Teva Pharmaceutical Industries[2012] EWCA Civ 726The Court of Appeal has overturned an injunction that prevented an in-house patent attorney...
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