Case Reports

UPC Case Reports

Coffee machine litigation leads to early defeat for patentee
28 November 2023
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb...
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UPC
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Recent cases
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Infringement
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Opt out
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Provisional injunction
Milan Local Division Grants Inspection Order
24 November 2023
The Milan Local Division has granted an inspection order[1] pursuant to Rules 192-199 RoP, the first order granted by the UPC allowing inspection of a defendant's premises.
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UPC
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Recent cases
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Confidentiality
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Evidence (general)
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Preservation of evidence
Lessons from Harvard: UK-based Nanostring ordered to pay EUR 300,000 as security for legal costs in revocation action
03 November 2023
NanoString Technologies Europe Limited v President and Fellows of Harvard College (UPC_CFI_252/2023) Decision delivered on 30 October 2023 (Order no.
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UPC
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Recent cases
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Security for costs
Should the language of proceedings be changed: balancing the interests of the parties
02 November 2023
Plant-e Knowledge B.V. & Plant-e B.V. v Arkyne Technologies S.L. Order of 18 October 2023 (ORD_581189/2023) The claimants, two Netherlands companies, ("Plant-e") launched an infringement action on 12...
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UPC
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Recent cases
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Language
Opt-out Withdrawal Ineffective: Choices have Consequences!
31 October 2023
AIM Sport Vision AG v Supponor Oy & Others (UPC_CFI_214/2023) Decision of 20 October 2023 (ORD_572699/2023 and ORD_5821/2023) Facts & Main Arguments These proceedings before the Unified Patent Court...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Opt out
First penalty payment in a UPC case
30 October 2023
myStromer AG v Revolt Zycling AG Düsseldorf Local Division Order of 18 October (ORD_526778/ 2023)[1] Following its first ex parte provisional injunction[2], the UPC (Düsseldorf Local Division)...
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UPC
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Recent cases
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Penalty payment
UPC grants access to pleadings for the first time
25 October 2023
Ocado Innovation Limited v Autostore AS & Others – Order of 17 October 2023 (ORD 543819/2023) In September we reported on two judgments by Munich Central Division refusing requests for access to...
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UPC
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Recent cases
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Access to documents
CFI clarifies scope for preliminary objections
23 October 2023
Order ORD_576853/2023 [1] dated 29 Sept 2023 by Local Chamber Munich (Presiding Judge and Rapporteur Mr. Zigann) in the case Edwards Lifesciences Corp. vs. Meril GmbH and Meril Life Sciences Pvt. Ltd.
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
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Security for costs
First appeal decision from the UPC
19 October 2023
Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 13 October 2023 (Order ref ORD_580110/2023) [1] Both Amgen and Sanofi-Aventis appealed an order [2] in which an extension of the deadline...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Service of actions
Jozef Frans Nelissen v OrthoApnea S.L. Order of 21 September 2023
18 October 2023
The UPC has published its third decision to preserve evidence (following the related Orders of 13 and 14 June 2023 in Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited and v Bhagat...
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UPC
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Recent cases
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Preservation of evidence
10x Genomics not successful second time around
12 October 2023
On the same day that the decision granting 10x Genomics a provisional injunction against NanoString on the basis of the unitary patent EP4108782 was announced (19 September 2023), there also took...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Provisional injunction
Termination of Proceedings
03 October 2023
Ocado Innovation Limited v. Autostore AS Order of 11 September 2023[1] (Order ref ORD_571090/2023) Ocado filed an infringement action against Autostore on 2 June 2023 in the Milan local division.
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UPC
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Recent cases
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Costs
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Withdrawal of an action
Determining Date of Service and Corresponding Time limits
28 September 2023
Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 29 August 2023 (Order ref ORD_566193/2023)[1] This case arises from a difference of date of service on multiple defendants, and thus raises...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
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Time limits
Injunction granted in 10x Genomics v NanoString
27 September 2023
The UPC Local Division in Munich handed down a decision on 19 September 2023 following a hearing over two days on 5/6 September 2023, granting a provisional injunction against NanoString to restrain...
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UPC
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Recent cases
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Infringement
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Inventive step
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Novelty
When can third parties obtain access to written pleadings and evidence at UPC?
22 September 2023
A judge of the Central court in Munich has recently considered a request by a third party for access to written pleadings and evidence under Rule 262.1(b) in two cases.
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UPC
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Recent cases
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Access to documents

Other Case Reports

IP Infringement: A question of fees
17 August 2016
In a recent application regarding appropriate Court fees (Lifestyles Equities CV v Sportsdirect.com Retail Ltd), the High Court confirmed that issuing a claim form limited to a claim for intellectual...
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Litigation
The European Court of Justice's Advocate-General solves the Rubik’s Cube (trademark) puzzle
20 June 2016
The Rubik’s Cube is currently protected by a 3D trademark across the EU (Registration No. 162784), but perhaps not for much longer as the Attorney General of the Court of Justice of the European...
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Litigation
Political Blunders: A Reminder to Clear Underlying Rights
16 June 2016
The announcement from Toyota on 9 June that it was considering making a “formal legal complaint” against Vote Leave for use of the Toyota mark in its campaign materials and the raising of similar...
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Litigation
Updated Guidance for UK Registered Design Applications
16 June 2016
The UK Intellectual Property Office (UK IPO) recently issued a Designs Practice Notice (DPN) 1/16 to provide users with updated guidance on registered design practice in the UK.
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Sharing of video clips infringed Sky and ECB copyright
26 May 2016
In England and Wales Cricket Board Limited and Sky UK Limited vs Tixdaq Limited and Fanatix Limited, the High Court has found that the reproduction and communication to the public of short clips of...
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Litigation
When does use of a trademark cross the line?
24 May 2016
BMW has been partly successful in a claim against an unauthorised car repair shop for infringement and passing off - Bayerische Motoren Werke AG (“BMW”) v Technosport London Ltd (“TLL”) and George...
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Litigation
IP Enforcement 2020: The UK Government’s new strategies
23 May 2016
This month, the UK Intellectual Property Office (UKIPO) has published the UK Government's plans "to keep pace with the challenges and opportunities that lie ahead" in IP enforcement.
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Copyright infringement via hyperlinking?
04 May 2016
On 7 April 2016 Advocate General Wathelethas delivered his opinion in GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Dekker (Case C‑160/15).
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Litigation
Cadbury loses another battle over its purple trade mark
03 May 2016
In 2013, as part of the longstanding battle over Cadbury’s protection for the colour purple, the Court of Appeal (Société Des Produits Nestlé S.
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Litigation
Trunki appeal dismissed by the Supreme Court
21 March 2016
The Supreme Court has upheld the Court of Appeal’s decision that the Kiddee Case produced by PMS did not infringe Magmatic’s Registered Community Design for the Trunki suitcase, “the CRD”.
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Litigation
University’s dispute with inventor highlights importance of establishing ownership of IP
14 January 2016
A recent decision at the UK Intellectual Property Office emphasises again how important it is to establish ownership of rights in inventions (particularly before the first patent application is...
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Litigation
Jaguar Land Rover fails in attempt to register trademark for shape of its cars
02 December 2015
Jaguar Land Rover’s application to register an EU-wide trademark for the shape of one of their Land Rover cars has been rejected by the EU General Court.
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Litigation
Scammers posing as Intellectual Property Office fined £500,000
25 November 2015
Scammers who deceived intellectual property owners by issuing fraudulent renewal letters and invoices have been fined the maximum £500,000 penalty by the Intellectual Property Enterprise Court...
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Trademarking
HMRC opens consultation on proposed changes to Patent Box
22 October 2015
A consultation has been announced by HM Revenue and Customs (HMRC) seeking the views of patent holders and interested parties on proposed changes to the UK Patent Box scheme.
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Patent Strategy
EU Trade Mark Reform – Key Proposals and Implications
17 August 2015
After years of debate, the European Parliament, European Council and European Commission have reached an agreement in relation to a new European Union trade mark reform package, which will provide a...
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Trademarking
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