Case Reports
UPC Case Reports
Should a stay be ordered?
08 March 2024
10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...
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UPC
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Recent cases
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Appeal
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Suspension (stay) of proceedings
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
07 March 2024
In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...
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UPC
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Recent cases
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Appeal
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Inventive step
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Provisional injunction
A caution on the availability of extensions
05 March 2024
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...
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UPC
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Recent cases
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Revocation
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Time limits
Access to documents – representation
20 February 2024
Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...
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UPC
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Recent cases
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Access to documents
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Representation
Financial penalties for disclosure of confidential information
14 February 2024
In this article we discuss two cases which address financial penalties for breach of confidentiality. Krauss-Maffei Extrusion GmbH v Troester GmbH & Co KG (UPC_CFI_181/2023) Order of 27 December 2023...
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UPC
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Recent cases
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Confidentiality
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Penalty payment
Discretionary review or appeal?
13 February 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order of Court of Appeal on 11 January 2024 (UPC_CoA_486/2023); Appeal against ORD_588901/2023 dated 11 December 2023 Huawei sued...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
Discretion allowing in expert declarations
09 February 2024
Sanofi-Aventis Deutschland GmbH & Ors v Amgen Inc (UPC_CFI_1/2023) Order dated 24 January 2024 (ORD_2233/2024) The pleadings in this revocation action had progressed to the rejoinder by defendant...
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UPC
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Recent cases
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Evidence (expert)
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Other procedural aspects
AARKE AB v SODASTREAM Industries Ltd., Order of 16 January 2024
05 February 2024
Background In a dispute between Aarke AB, a Swedish company, and SodaStream Industries Ltd, an Israeli company, Aarke, as the defendant to infringement proceedings, successfully applied to change the...
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UPC
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Recent cases
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Language
Claim construction at the UPC
01 February 2024
For a European patent to be granted, the claims must be "clear and concise". However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity...
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UPC
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Recent cases
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Infringement
EX PARTE PI GRANTED
25 January 2024
Ortovox Sportartikel GmbH vs Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 11 December 2023[1] Introduction Ortovox Sportartikel GmbH (in the following...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Requirements for an intervention
23 January 2024
In the matter of an appeal by Ocado Innovation Limited and applications to intervene by (1) Mathys & Squire LLP and (2) Bristows (Ireland ) LLP Order of Court of Appeal dated 10 January 2024 By Order...
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UPC
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Recent cases
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Intervention
C-KORE v Novawell: Paris local division grants evidence preservation order in subsea testing apparatus dispute
10 January 2024
Order of 14 November 2023 (ORD_587064/2023) This was another successful application for preserving evidence, following those in the Oerlikon v Himson, Oerlikon v Bhagat Group, Jozef Frans Nelissen v...
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UPC
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Recent cases
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Infringement
How the UPC Handles Requests for Confidentiality
09 January 2024
Two recently published judgments from the Unified Patent Court clarify how requests for confidentiality, both in respect to parties to the proceedings and in respect of third parties, are handled.
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UPC
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Recent cases
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Confidentiality
UPC Declines to Grant Provisional Injunction
08 January 2024
SES-imagotag SA v Hanshow Technology Co. Ltd. and others UPC_CFI_292/2023 Order of 20 December 2023 (ORD_596193/2023)[1] SES-imagotag is the proprietor of EP 3883277, which had been opted out of the...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Service on defendants outside the jurisdiction
05 January 2024
Panasonic Holdings Corporation v Xiaomi Technology Germany GmbH & 9 Others (UPC_CFI_219/2023) Order of 8 December 2023 The Claimant argues that defendants 1, 2, and 8 based in China and 7 based in...
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UPC
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Recent cases
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Service of actions
Other Case Reports
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Ocado permitted to make committal application against solicitor for contempt of court
01 March 2021
Ocado Group PLC & Anr v Raymond John McKeeve [2021] EWCA Civ 145Court of Appeal overturns first instance judge and allows application to commit solicitor for contempt of courtThis is an appeal...
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Court of Appeal adopts narrow interpretation of Crown use defence in IPCom v Vodafone
23 February 2021
IPCom GmbH v Vodafone Group plc & Ors [2021] EWCA Civ 205This case involves a dispute between IPCom, an intellectual property licensing company, and Vodafone, the well-known telecommunications...
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HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
23 February 2021
Penhallurick v MD5 Limited [2021] EWHC 93 (IPEC) 15 February 2021This case demonstrates the importance of understanding how work undertaken for an employer shapes copyright ownership and, ironically,...
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EIP Trademark team recognised by WTR 1000 2021
16 February 2021
EIP has been highlighted as one of the world’s leading trademark specialists in the 2021 edition of WTR 1000.Researchers for WTR 1000, published annually by World Trademark Review, references EIP’s...
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Bringing sufficiency within range: Birss J recasts the Regeneron principles for process claims
15 February 2021
Illumina Cambridge Limited v Latvia MGI Tech SIA & Ors[2021] EWHC 57 (Pat)The case centres on Illumina's contention that MGI's DNA sequencing systems infringe their patents.
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Success for EIP litigation team and client Optis against Apple
22 October 2020
Last Friday, 16October 2020, judgment was handed down by Mr Justice Birss in the High Court, London, in the first of four technical trials listed in EIP client Optis’ UK patent litigation and...
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Chambers UK 2021 recognises EIP’s expertise
22 October 2020
EIP has been highly rated in the 2021 edition of Chambers & Partners UK.Researchers highlighted EIP for its “excellent patent prosecution and oppositions practice” and its “highly capable trademark...
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Five EIP associates recognised as UK’s up-and-coming IP practitioners in MIP Rising Stars
21 October 2020
Litigation solicitors Tom Brazier and Catherine Howell along with patent attorneys Robert Barker, Tim Belcher, and Felix Hall have all been ranked as “Rising Stars” in the 2020 edition of IP Stars...
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EPO Enlarged Board considers products obtained by essentially biological processes unpatentable – U turn to avoid EPC amendment?
21 May 2020
The Enlarged Board of Appeal at the European Patent Office has now provided its opinion in G3/19 abandoning the interpretation of Article 53 (b) EPC given in previous decision G2/12.
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Medical use claims are increasingly vulnerable to Lack of Sufficiency attacks at the EPO - a recent decision gives some hints
21 May 2020
Article 83 EPC (Sufficiency) requires a European patent to disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
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UKIPO report of IP trends for UK Higher Education Institutions highlights life sciences innovation
30 April 2020
On 29 April 2020, the UKIPO published an overview report of IP trends for UK Higher Education Institutions (HEIs) and their spin-out businesses, between 1999 and 2018.
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How video hearings have kept the Courts open
06 April 2020
The COVID-19 outbreak is impacting people around the globe.The UK government has, like many other governments, been forced to take drastic action to curtail individuals’ movements to enforce social...
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Fabric textures can be “artistic work”: Response Clothing v Edinburgh Woollen Mill
06 April 2020
Copyright can subsist in a fabric pattern after HHJ Hacon ruled that such designs constitute a work of artistic craftmanship.In Response Clothing Ltd v Edinburgh Woollen Mill Ltd [2020] EWHC 148...
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Brexit and IP: Business as usual during the transition period
31 January 2020
The UK leaves the EU on 31 January 2020 – but until at least the end of 2020 it will be business as usual for intellectual property rights.The Withdrawal Agreement between the EU and the UK was...
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Brexit and Intellectual Property – An Update
30 October 2019
The European Union has announced that it will agree to the UK request for a further extension to the period in which the UK remains a full member of the EU (the “Article 50 period”) until 31 January...
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