Case Reports

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...

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...

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...

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...

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...

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...

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...

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...

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.

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...

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...

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.

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")...

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...

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")...

A recent UK court decision has concluded that, in appropriate circumstances, post-sale confusion could be used to demonstrate a likelihood of confusion when potential trademark infringement was being...

It seems a single EU patent, covering all the EU Member States other than Spain and Italy, may become a reality. How this would be litigated, however, remains unclear.

A recent High Court decision demonstrates that a post-grant amendment may still be rejected in the UK at the discretion of the court. The amendment was rejected as even though the scope of the...

Two of the numerous factors to be weighed when deciding on UK or European Community (CTM) registration are: intent to use: still a prerequisite for a valid UK application, although not a CTM;speed of...

It is not uncommon for counterfeit goods to pass through the EU in transit to their final destination. This raises the question of whether such goods fall within the jurisdiction of the EU, and can...

Advocate General Verica Trstenjak recently gave her opinion on questions referred to the European Court of Justice by the UK Court of Appeal regarding the latest dispute in the complex on-going...

This appeal decision demonstrates the importance of considering potential patent amendments early in litigious proceedings. The appeal was concerned with two patents which were part of a larger...

Simon Stanes, the head of EIP Brands, has posted as a guest blogger for The IPKat following the cancellation of two CTM registrations owned by the makers of Innocent smoothies.

Simon Stanes, the head of EIP Brands, has contributed to a post on The IPKat blog following a ruling by the General Court in what could be the end to the long-running Budweiser trademark dispute.

To mark Rare Disease Day 2012, Darren Smyth's latest IPKat post has a topical theme.Darren highlights the pharmaceutical industry's reluctance to develop treatments for rare diseases where there is...

The biggest changes to US patent law since 1952 have recently been signed into law by president Obama, in the form of the America Invents Act.