Case Reports

UPC Case Reports

Paris central division maintains Edwards patent in amended form
30 July 2024
Meril Italy Srl and two other Meril entities v Edwards Lifesciences Corporation (revocation action UPC_CFI_255/2023 and counterclaims for revocation UPC_CFI_15/2023) Decision of 19 July 2024...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Inventive step
Paris local division revokes DexCom patent
05 July 2024
DexCom, Inc. v Abbott Laboratories and nine other Abbott entities (UPC_CFI_230/2023) Decision of 4 July 2024 (ORD_37297/2024) [1] The second decision on the merits from the UPC, following just a day...
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UPC
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Infringement
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Inventive step
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Jurisdiction
Düsseldorf Local Division issues the first UPC decision on the merits and grants injunction in seven UPC member states
04 July 2024
Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG (UPC_CFI_7/2023) Decision of 3 July 2024 (ORD_598324/2023 [1]) concerning EP 3 375 337 B1 Franz Kaldewei GmbH & Co.
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Infringement
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Inventive step
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Novelty
Abbott v. Sibio: a tale of two applications for provisional measures
26 June 2024
The Hague Local Division of the Court of First Instance of the UPC has recently issued two decisions concerning provisional measures involving the same parties - the Patentee Applicant, Abbott...
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UPC
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Recent cases
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Jurisdiction
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Provisional injunction
Defective opt out allows revocation action to proceed at the UPC
13 June 2024
Toyota Motor Europe NV/SA v Neo Wireless GbmH & Co KG (UPC_CoA_79/2024) Appeal against Order no. 597664/2023[1] in case UPC_CFI_361/2023 of the Central Division, Paris seat Order of 4 June 2024...
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UPC
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Recent cases
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Appeal
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Jurisdiction
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Opt out
The Unified Patent Court Turns 1 - Discover the Impact
06 June 2024
Darren Smyth provides a summary of the first year of the UPC's operation.
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UPC
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Analysis
UPC Court of Appeal guidance on stay
31 May 2024
BITZER Electronics A/S v Carrier Corporation (UPC_CFI_263/2023; UPC_CoA_22/2024) Order of 28 May 2024 (ORD_25123/2024)[1] Carrier Corporation is the proprietor of European Patent EP 3 414 708 valid...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Security for Costs
28 May 2024
Ballinno B.V. v Union des Associations Européennes de Football (UEFA), Kinexon GmbH and Kinexon Sports & Media GmbH (UPC_CFI_151/2024) Order of 14 May 2024 (ORD_23557/2024)[1] Ballinno B.V.
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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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Security for costs
UPC rules it has jurisdiction in cases where a claim is brought in violation of a contract
23 May 2024
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH (UPC_CFI_589997/2023) Order of 10 May 2024 (ORD_7903/2024) [1] Tandem Diabetes Care, Inc & Tandem Diabetes Care...
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UPC
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Recent cases
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Jurisdiction
UPC allows intervention by Licensee
22 May 2024
Seoul Viosys Co., Ltd. v. expert klein GmbH, expert e-Commerce GmbH (UPC_CFI_363/2023) Order of 22 April 2024 (ORD_5343/2024)[1] Seoul Viosys sued expert klein GmbH and expert e-Commerce GmbH for...
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UPC
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Basic
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Infringement
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Intervention
Interpretation allowed only at party’s own cost
21 May 2024
CEAD B.V. & CEAD USA B.V. v BEGO Medical GmbH (UPC_CFI_367/2023) Order of 10 May 2024 (ORD_24708/2024)[1] The UPC is an international system in which a large number of languages may be employed, and...
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UPC
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Recent cases
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Language
UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup
17 May 2024
VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused...
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UPC
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Recent cases
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Appeal
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Infringement
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Provisional injunction
Access to documents from revocation action
17 May 2024
NJOY Netherlands B.V. v Juul Labs International, Inc. (UPC_CFI_316/2023); Application for access to documents by Nicoventures Trading Limited Order dated 24 April 2024 (ORD_587436/2023)[1] NJOY...
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UPC
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Recent cases
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Access to documents
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Appeal
SEP Litigation and Self-Inflicted Disclosure Orders
17 May 2024
Panasonic Holdings Corporation v. Xiaomi Technology Germany GmbH & Ors (UPC_CFI_ 219/2023): Order of 30 April 2024 (ORD_14600/2024) [1] In an unusual turn of events, Panasonic successfully applied to...
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UPC
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Recent cases
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Disclosure
Language change not allowed if not language of the patent
16 May 2024
F. Hoffman-La Roche AG, Roche Diabetes Care GmbH v Tandem Diabetes Care, Inc, Tandem Diabetes Care Europe B.V., VitalAire GmbH, Dinno Santé s.a.i., Air Liquide Healthcare Nederland B.
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UPC
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Recent cases
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Other Case Reports

Oxford University Innovation Limited v Oxford Nanoimaging Limited – a tale of pies and slices
03 February 2023
SummaryIn a very long and detailed judgment, Daniel Alexander KC, sitting as a High Court judge, examined a number of issues relating to successful inventions arising out of research work carried out...
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VLSI agrees to dismiss latest semiconductor patent complaint against Intel in Delaware
01 February 2023
EIP partner Andrew Thompson has recently written an article for The Patent Lawyer on the VLSI v Intel case regarding a semiconductor patent complaint. Read the full article here.
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Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent
19 January 2023
Anan Kasei Co. Limited & Anor v Neo Chemicals & Oxides (Europe) Limited [2023] EWCA Civ 11The Court of Appeal has recently delivered judgment dismissing the Claimants' appeal in the long-running Anan...
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Stepping through Alice’s looking glass: Sir Anthony Mann considers the purpose of DNI actions and unlikely payments of renewal fees
17 January 2023
Lisa Dräxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat)Background The claimant (Dräxlmaier) sought a declaration of non-infringement under s.71 of the Patents Act (s.
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The European Data Protection Board (EDPB) publishes its decision on Meta’s legal basis for its use of personalised adverts
16 January 2023
SummaryOn 12 January 2023, the EDPB published its decision (which was actually made on 5 December 2022) (the "Decision") on the dispute between the Irish Data Protection Commissioner (IDPC) and a...
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Court of Appeal refuses Arrow declaratory relief for Teva in a stand against forum shopping and jurisdictional overreach
12 January 2023
Teva v Novartis [2022] EWCA Civ 1617The fingolimod saga continues between Teva and Novartis. In a hearing dated 28 November 2022 before Arnold, Nugee, and Floyd LLJ, Teva appealed the decision of...
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Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC)
30 December 2022
BackgroundThe Claimant, Vernacare Limited ("Vernacare"), and the Defendant, Moulded Fibre Products Limited ("MFP"), both manufacture and sell washbowls, which are made from moulded paper pulp as used...
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Novartis overloaded with reasons its iron overload treatment Exjade is obvious and not infringed by Teva
19 December 2022
Teva v Novartis [2022] EWHC 2847 (Pat)In another patent revocation and infringement counterclaim action between Teva and Novartis, in this instance involving a swallowable tablet version of...
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Banksy isn’t monkeying around when it comes to EU trade marks
14 December 2022
BackgroundPest Control Office Limited (the "EUTM proprietor"), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including...
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Kigen v Thales: Can an implementer bring a stand-alone claim for FRAND determination?
12 December 2022
BackgroundKigen (UK) Limited is a company which produces software relating to eSIM and iSIMs technology. Thales Dis France SA (also known as Gemalto SA) is a manufacturer of electronic systems and...
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Intellectual property key UK strength in global semiconductor supply chain – Select Committee Report
05 December 2022
A group of influential MPs from the Business, Energy and Industrial Strategy (BEIS)Select Committee has released its Report on the semiconductor industry in the UK.
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AU VODKA LIMITED v NE10 VODKA LIMITED & LEON HOGAN
24 November 2022
Heard by Mr Justice Mellor on 16 September 2022 AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022) (bailii.org) Article written by Alona Andrieieva, qualified Ukrainian...
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Alleged copyright infringement in the famous love story that inspired Doctor Zhivago
17 November 2022
BackgroundAnna Pasternak ("Pasternak") is the Claimant and author of Lara: The Untold Love Story That Inspired Doctor Zhivago ("Lara"). Lara is a non-fiction, historical book that was published in...
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Two giants in the energy drinks game go head-to-head in trademark dispute
12 October 2022
Monster Energy appealed a decision refusing Monster's application to register the mark ‘Red Dawg' .At the original hearing Red Bull had opposed registration of the mark and had made out a successful...
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Damages pull into the station for Geofabrics
11 October 2022
Charlotte May KC recently handed down a comparatively rare judgment, for the Patents Court, in respect of a damages enquiry for infringement of Geofabrics' railway related patent by Fiberweb in...
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