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UPC continues the Mushroom Saga with decision by default
Amycel LLC v Szymon Spyra UPC_CFI_499/2024 LD The Hague Decision of 21 October 2025[1] We previously reported[2] on Amycel’s provisional injunction (PI) issued on 31 July 2024 against a Polish individual (named in earlier documents but later ...
No Declaration of Non-Infringement for Alternative Product
HL Display v. Black Sheep UPC_CFI_386/2024 (The Hague LD), decision of 10 October 2025 [1] Summary The Unified Patent Court rejected Black Sheep’s request for a declaration of non-infringement (DNI) for an alternative product design. The co...
UPC sets out Guidelines for Penalty Payments
Kodak v. Fujifilm (UPC CoA 699/2025, order of 14 October 2025)[1] According to Art. 82(2) UPCA and Rule 354.3 RoP, a party may be sanctioned with a recurring penalty payment, payable to the UPC, if the party does not comply with the terms of an order...
UPC Considers but does not decide exhaustion of rights in relation to consumables
Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of EP2387547, which Brita says protects its replaceable...
UPC takes strict approach on costs reimbursement
Insulet v. EOFlow UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1] The dispute began when Insulet sought a provisional injunction against EOFlow to prevent infringement of its patent EP4201327, which relates to insul...
Apple Intervenes in Confidentiality Appeals: UPC Court of Appeal Allows Intervention in Ericsson and Sun Patent Trust Cases
Apple (Intervener) in Ericsson v. AsusTek and Apple (Intervener) in Sun Patent Trust v. Vivo UPC_CoA_631/2025[1], UPC_CoA_632/2025[2], UPC_CoA_755/2025[3], and UPC_CoA_757/2025[4] – Orders of 23 September 2025 In a cluster of orders issued on...
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Knowledgebase
Analysis and Guidance
Unlocking UPC Success: A Five-Step Framework
What is the UPC? The UPC is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to European patents (unless they have been opted out), including unitary patents. Instead of litigating country-by-country,...
The UPC expands its jurisdiction limits by granting its first UK injunction
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH UPC_CFI_359/2023 and UPC_CFI_365/2023 Orders of 18 July 2025 The UPC has begun to shape the contours of European patent litigation following the landmark ECJ ...
The UPC two years on: Withdrawals of actions becoming prominent
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state of play. Statistics of Cases The tables below show t...
The Unified Patent Court Turns 1 - Discover the Impact
Darren Smyth provides a summary of the first year of the UPC's operation.
Claim construction at the UPC
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 proceedings. In these cases, the scope of the c...
Terminology at the Unified Patent Court
The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the Case Management System, some issues of terminology a...