Case Reports

UPC Case Reports

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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Language
Unchallenged claims of patent cannot be amended
16 May 2024
Carrier Corporation v. BITZER Electronics A/S UPC_CFI_263/2023 Order of 30 April 2024 (ORD_24607/2024)[1] BITZER Electronics filed a revocation action on 29 June 2023 against EP 3414708 at the Paris...
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UPC
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Recent cases
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Amendments and subject matter extensions
Composition of appeal panel and access to documents
15 May 2024
Ocado Innovation Limited v Autostore AS & Others (UPC_CoA_404/2023) Order dated 10 April 2024 (ORD_19369/2024)[1] A member of the public requested access to documents under Rule 262.
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UPC
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Recent cases
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Access to documents
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Appeal
REVIEW of EX PARTE PI
13 May 2024
Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 09 April 2024[1] Introduction In its order dated 11 December 2023, the Düsseldorf Local Division (in the...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Language change refused by the UPC
13 May 2024
MED-EL v Advanced Bionics (UPC_CFI_410/2023) Order of 15 April 2024 (ORD_13321/2024)[1] MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. filed an infringement action in the German language at...
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UPC
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Recent cases
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Language
Splitting proceedings in respect of multiple defendants in different jurisdictions
10 May 2024
Panasonic Holdings Corporation v Xiaomi Inc et al UPC_CFI_218/2023, 219/2023 and 223/2023 Orders of 6 May 2024[1] Panasonic has sued multiple defendants from the Xiaomi group of companies for patent...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
UPC Court of Appeal Confirms Deadline to Appeal Orders
01 May 2024
AIM Sport Vision v Supponor UPC_CoA_500/2023 Order of 26 April 2024 (ORD_23089/2024) There has been confusion in some of the first instance divisions of the Unified Patent Court as to whether certain...
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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
UPC emphasises importance of formal service
22 April 2024
Daedalus Prime v. Xiaomi and others Order of 18 April 2024 ORD_20986/2024[1] Daedalus Prime LLC filed a patent infringement action based on EP2792100 at the UPC local division in Hamburg.
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UPC
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Recent cases
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Service of actions
Variable Views on Confidentiality
19 April 2024
In recent months the Local Divisions of Mannheim, Paris and Düsseldorf have given guidance on access to confidential material. These judgments address the procedure for protecting confidential...
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UPC
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Recent cases
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Confidentiality
Bringing an action following preservation of evidence
15 April 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023) Order dated 8 April 2024 (ORD_9710/2024)[1] Progress Maschinen & Automation AG ("PMA") filed...
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UPC
Adding a patent to existing proceedings
11 April 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order[1] of Court of Appeal on 11 March 2024 (UPC_CoA_44/2024); Appeal against ORD_593106/2024 of the CFI panel dated 18 January...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Time limits
Error in Defendant not Fatal to Revocation Claim
09 April 2024
Juul Labs International, Inc. v. NJOY Netherlands B.V. (UPC_CoA_433/2023, UPC_CoA_435/2023, UPC_CoA_436/2023, UPC_CoA_437/2023, UPC_CoA_438/202)[1] Orders of 3 April 2024 (ORD_598223/2023,...
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UPC
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Recent cases
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Other procedural aspects
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Revocation
UPC Refuses to Admit Further Amendment Requests
08 April 2024
Meril Italy v Edwards Lifesciences UPC_CFI_255/2023 (Revocation action at Paris Central Division) Order of 28 February 2024 (ORD_7283/2024)[1] This order relates to the action brought by Meril Italy...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Other procedural aspects
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Revocation

Other Case Reports

T 1741/22 - no credible technical effect produced by deriving additional data from medical measurements
19 September 2024
An interesting "B" decision from Board 3.5.05 was published yesterday relating to the generation of new data from medical measurements being relied on for a technical effect.
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EPO
A Late Challenge: PI refused for alleged VAR infringement
10 September 2024
Ballinno B.V. v UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH UPC_CFI_151/2024 Order of 3 June 2024 ORD_39782/2024[1] Whilst thoughts of Euro '24 may be starting to slip into the past...
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Recent cases
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Infringement
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Provisional injunction
No Country for New Laws
22 July 2024
Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the...
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€325 million Funding for Semiconductor Research and Innovation in the UK and the EU
09 July 2024
Europe's Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M.
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An Ocean Apart – Differences in US and EPO claim interpretation
04 June 2024
Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of...
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Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing
03 June 2024
The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer's appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of...
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T 0192/22 - Is a first medical use claim a magic bullet?
31 May 2024
The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio's EP 3318248 B1 at the oral proceedings held in March,...
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T 1762/21 – The EPO Board of Appeal Clarifies the Term “Inextricably Linked” When Assessing an Intermediate Generalisation
24 May 2024
A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how "intermediate generalisations" are assessed for added matter.
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EPO
Updated EPO Guidelines on AI – why US companies should encourage close collaboration between their US and European attorneys on AI patent applications
20 May 2024
On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data.
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Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management
15 May 2024
Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor's appeal against the decision of Meade J in the High...
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Blood drains from Bayer patent as it is found to be non-inventive
07 May 2024
We previously reported on Bayer's application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity...
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To Injunct Or Not To Injunct?
10 April 2024
Judge Asked To Grant A 9/10 Day Interim Injunction to Protect Bayer's Anticoagulant Rivaroxaban Ahead of Main Judgment Pharmaceutical company, Bayer found success in its application seeking an...
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AI and Big Data in Agritech
28 March 2024
First published by Process Engineering - February 2024 The world's population stands above 8 billion in 2024 and is still growing. That growth may be slowing down but nonetheless there may be another...
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Balancing Expertise: Mellor J's Ruling on Scientific Advisers vs. Expert Evidence
21 March 2024
Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding...
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Maternity wear retailers Seraphine Limited and Mamarella GmbH clash over serving proceedings out of the Jurisdiction
20 March 2024
Background The Claimant Seraphine Limited ("Seraphine") a maternity wear retailer had a trading relationship with the Defendant Mamarella GmbH ("Mamarella"), a German online retailer selling...
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