Case Reports

UPC Case Reports

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
National or UPC jurisdiction for damages?
21 December 2023
Fives ECL, SAS v REEL GmbH (UPC_CFI_274/2023) Order of 17 November 2023 On 8 August Fives ECL, SAS ("Fives") lodged in hard copy a claim for the determination of damages.
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UPC
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Recent cases
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Damages
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Jurisdiction
Request for a stay
19 December 2023
Astellas Insitute for Regenerative Medicine v Healios KK and Osaka Univerity (UPC_CFI_80/2023) Order of 20 November 2023 On 1 June 2023, Astellas Institute for Regenerative Medicine ("Astellas")...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Penalty Payment Ordered in 10x Genomics v Nanostring
18 December 2023
10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional...
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UPC
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Recent cases
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Penalty payment
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Provisional injunction
Separate revocation claim and counterclaim both to proceed
01 December 2023
Meril Italy srl v Edwards Life Sciences Corporation (551308/2023; UPC_CFI_255/2023) Order of 13 November 2023 (ORD_578356/2023) Background On 1 June 2023 Edwards Lifesciences Corporation ("Edwards")...
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects

Other Case Reports

IPKat: Ruling in Generics (t/a Mylan) v Yeda and Teva
11 July 2012
Today’s ruling by Mr Justice Arnold (Patents Court, England and Wales) in Generics (t/a Mylan) v Yeda and Teva has been summarised by Darren Smyth for the IPKat.
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Litigation
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Life
Samsung victorious in dispute with Apple over tablet computers
09 July 2012
Samsung has won a longstanding battle with Apple concerning one of Apple's Registered Community Designs for its tablet computers.The decision is significant because it represents the first...
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Litigation
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Digital
Confidential Information, In house lawyers and former employees – who has the burden of proof?
05 July 2012
Generics (UK) Ltd v Yeda Research & Development Co Ltd & Teva Pharmaceutical Industries[2012] EWCA Civ 726The Court of Appeal has overturned an injunction that prevented an in-house patent attorney...
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Litigation
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Life
Darren Smyth's time as IPKat guest blogger comes to an end
02 July 2012
Partner Darren Smyth's role as one of the IPKat's guest bloggers has come to a conclusion after six months.He will continue to post intermittently to the IPKat and more regularly to his Blog on EIP...
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Elements
IPO seeks views on helping SMEs get value from their IP
25 June 2012
The UK Intellectual Property Office (IPO) is seeking comments on its proposals to offer support to SMEs to maximise the value of their IP assets.
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Patent Strategy
Apple v Samsung tablet design case latest
20 June 2012
The litigation between Apple and Samsung about tablet computers and the alleged infringement of a (Community) Registered Design has been taking place in the High Court this week.
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Digital
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
23andMe's first patent causes a rift with customers
19 June 2012
A recent IPKat post by Darren Smyth highlights the adverse consumer reaction to the issuance of a patent to a US company 23andMe which offers to sequence your genome and tell you about its...
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Life
Referrals to the Enlarged Board of Appeal over procedural matters: a good use of EBA resources?
18 June 2012
In a recent IPKat post, Darren Smyth ponders whether the Boards of Appeal of the European Patent Office should be referring cases to the Enlarged Board of Appeal on matters of procedural...
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Elements
Smith & Nephew v Convatec Technologies
15 June 2012
Darren's Smyth's latest IPKat post concerns an action by Smith & Nephew to revoke a patent owned by Convatec Technologies for antimicrobial wound dressings impregnated with silver.
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Elements
'Tomato' patent case at the EPO results in second referral to the Enlarged Board
07 June 2012
The European Patent Office (EPO) has referred a case relating to dried tomatoes to the Enlarged Board of Appeal for a second time.In his latest IPKat post, EIP's Darren Smyth discusses the most...
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Elements
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – guidance on litigation before the Patents County Court
20 April 2012
In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for...
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Litigation
Registered Community Designs: reasons for refusal
19 April 2012
The OHIM has begun publishing information about Registered Community Design applications that have been refused.The designs themselves are not shown, but the grounds for refusal are now being made...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Sanofi-Aventis patents on cancer drug Taxotere declared invalid
11 April 2012
Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.
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Litigation
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Life
Samsung v Apple tablet battle hits the UK
05 April 2012
The ongoing dispute between Apple and Samsung over Apple's Registered Community Designs for its iPad has now entered the UK courts.Darren Smyth's latest IPKat post relates to a decision of Mr Justice...
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Digital
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Poland's law on cheap drugs declared contrary to EU law
03 April 2012
A Polish law which allowed the sale of unapproved drugs which were cheaper than those approved has been declared contrary to EU law.The decision by the Court of Justice of the European Union is...
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Life
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