Case Reports

The Unified Patent Court rejected Black Sheep’s request for a declaration of non-infringement (DNI) for an alternative product design. The court found the request inadmissible because HL Display had not asserted infringement against the alternative design, and Black Sheep had not formally sought acknowledgment of non-infringement before filing the counterclaim.

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...

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...

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...

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...

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...

The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.

We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.

expert v. Seoul Viosys, UPC_CoA_380/2025 Order of 20 August 2025 (ORD_22147/2025)[1] This order from the UPC Court of Appeal clearly states that the Court of Justice of the EU cannot be asked to...

UPC_CFI_318/2025, decision of 5 August 2025 (ORD_34299/2025)[1] In a default judgment issued by the Düsseldorf Local Division of the Unified Patent Court, Whale Technology (Shanghai) Co., Ltd.

Centripetal Limited v. Palo Alto Networks, Inc. UPC_CFI_636/2025 Decision of 25 July 2025 (ORD_32958/2025[1]) A recent procedural issue in an infringement case before the Local Division in Mannheim...

Boehringer Ingelheim successfully obtained another interim injunction from the UK High Court against Dr Reddy, reinforcing its patent rights in ongoing pharmaceutical litigation. The article outlines the case details, the court’s reasoning, and what this decision means for patent enforcement in the UK.

Summary A recent EPO Boards of Appeal decision, T 0136/24, has examined the issue of "reasonable expectation of success" when the prior art discloses a protocol to an ongoing phase 3 clinical trial.

In the recent Decision T 2387/22, the Board's key message was: if you define an invention by a "relative improvement" of a known technical effect, the improvement must be expressed in "objectively...

On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (EPO) issued its landmark decision in case G 1/23 (Solar Cell Sealing Materials and Solar Cell Module), a ruling that has...

Jeff Gosling Limited ("JGL") sued Autochair Limited in the IPEC for a declaration of non-infringement concerning its "Apex Assist" hoist and Autochair's patent, which covers a particular set-up of a...

Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) Summary This judgment concerns an application by the first Defendant for an interim injunction to restrain the...

On April 30, 2025, the China National Intellectual Property Administration (CNIPA) released a draft amendment of the Patent Examination Guidelines (for public comment), proposing further revisions to...

Following hot behind the interim injunction decisions regarding the same subject matter between AstraZeneca and Glenmark (and covered previously in this newsflash here), on 28 April 2025, the High...

AstraZeneca v Glenmark has seen the parties visiting the courts several times since the validity trial (heard in March of this year) over the past few weeks.

DW Windsor Ltd v Urbis Schreder Ltd [2025] EWHC 563 (IPEC) (14 March 2025) Summary This action involves two companies that design, manufacture and supply exterior lighting fixtures.

Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) https://www.bailii.org/ew/cases/EWHC/IPEC/2025/547.html This case concerns a trade mark held by Babek International Ltd which they...

AIM Sport Development AG v TGI Sport Suomi Oy & Ors. (UPC_CFI_214/2023)[1] Order of 11 February 2025 (ORD_6926/2025) The Helsinki Local Division considered AIM Sport Development AG's ("AIM Sport")...

SSAB Swedish Steel GmbH & SSAB Europe Oy v Tiroler Rohre GmbH (UPC_CFI_640/2024) Orders of 10 February 2025 (Order nos. ORD_68941/2024[1] and ORD_65844/2024[2]) This is a decision on the...

biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH, S.I.A. LIGHTGUIDE International (UPC_CFI_714/2024) Order of 12 February 2025 (ORD_68717/2024[1]) On 20 November 2024, the Claimant...

His Honour Judge Hacon has found that Prevayl's patent for a smart bra was invalid for obviousness over two pieces of prior art. However, had the patent been valid, Whoop would be indirectly...