Case Reports

Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 23 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...

Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...

Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...

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...

Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 1 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...

myStromer AG v Revolt Zycling AG, Order of 22 June 2023 and Order of 30 June 2023 [1] The UPC - Düsseldorf Local Division - has issued its first ex parte provisional injunction only recently...

Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited, Order of 13 June 2023 Oerlikon Textile GMBH & CO KG v Bhagat Group, Order of 14 June 2023 Just two weeks after the Unified Patent...

The EPO has recently added ‘Requests for unitary effect' to its Statistics & Trends Centre. The Statistics & Trends Centre provides a dashboard that now gives information about requests for unitary...

Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across...

The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023.

Today is Unitary Patent day!In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of...

After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...

Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC.

Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...

On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent...

BackgroundThe Claimant, Vernacare Limited ("Vernacare"), and the Defendant, Moulded Fibre Products Limited ("MFP"), both manufacture and sell washbowls, which are made from moulded paper pulp as used...

Teva v Novartis [2022] EWHC 2847 (Pat)In another patent revocation and infringement counterclaim action between Teva and Novartis, in this instance involving a swallowable tablet version of...

BackgroundPest Control Office Limited (the "EUTM proprietor"), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including...

BackgroundKigen (UK) Limited is a company which produces software relating to eSIM and iSIMs technology. Thales Dis France SA (also known as Gemalto SA) is a manufacturer of electronic systems and...

A group of influential MPs from the Business, Energy and Industrial Strategy (BEIS)Select Committee has released its Report on the semiconductor industry in the UK.

Heard by Mr Justice Mellor on 16 September 2022 AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022) (bailii.org) Article written by Alona Andrieieva, qualified Ukrainian...

BackgroundAnna Pasternak ("Pasternak") is the Claimant and author of Lara: The Untold Love Story That Inspired Doctor Zhivago ("Lara"). Lara is a non-fiction, historical book that was published in...

Monster Energy appealed a decision refusing Monster's application to register the mark ‘Red Dawg' .At the original hearing Red Bull had opposed registration of the mark and had made out a successful...

Charlotte May KC recently handed down a comparatively rare judgment, for the Patents Court, in respect of a damages enquiry for infringement of Geofabrics' railway related patent by Fiberweb in...

On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred...

Powering KipchogeMost people interested in sports will be aware of Project 1.59 – Eluid Kipchoge's 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped...

In the recent strike out application heard on 28 July 2022, Waterrower (UK) Limited v Liking Limited (T/A Topiom) [2022] EWHC 2084 (IPEC), David Stone, sitting as deputy high court judge, considered...

As patent attorneys practicing in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields.

Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO.

BackgroundOn 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are...