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...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
Appeal
#
Infringement
#
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...
#
UPC
#
Recent cases
#
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").
#
UPC
#
Recent cases
#
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,...
#
UPC
#
Recent cases
#
Intervention
#
Inventive step
#
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...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
Infringement
#
Jurisdiction
#
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...
#
UPC
#
Recent cases
#
Appeal
#
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...
#
UPC
#
Recent cases
#
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...
#
UPC
#
Recent cases
#
Appeal
#
Costs
#
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 &...
#
UPC
#
Recent cases
#
Appeal
#
Preservation of evidence
#
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...
#
UPC
#
Recent cases
#
Inventive step
#
Novelty
#
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...
#
UPC
#
Recent cases
#
Infringement
#
Novelty
#
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...
#
UPC
#
Recent cases
#
Language

Other Case Reports

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...
No items found.
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.
No items found.
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...
No items found.
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.
No items found.
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...
No items found.
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...
No items found.
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...
No items found.
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...
No items found.
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.
No items found.
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...
No items found.
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...
No items found.
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.
No items found.
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.
No items found.
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...
No items found.
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...
No items found.
No results found.
There are no results with this criteria. Try changing your search.
Stay in the Know

The UPC Newsletter

Get expert insights and the top patent stories delivered straight to your inbox.