Case Reports
UPC Case Reports
Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
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UPC
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Basic
The Unified Patent Court (UPC) will begin operations in Europe on 1 June
20 February 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...
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UPC
Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
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UPC
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Basic
Member States participating in UPC
23 August 2022
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...
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UPC
What is the Unitary Patent, and how do I get one?
09 June 2022
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.
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UPC
Unitary Patent and Unified Patent Court - finally happening?
24 September 2021
The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.
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UPC
Other Case Reports
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Incomplete secondary evidence pleaded late in proceedings has no chance against prima facie obviousness in High Court decision
25 November 2024
A 163-page judgment for Pfizer Limited v. GlaxoSmithKline Biologicals S.A. & Anor [2024] EWHC 2523 was handed down on 7 October 2024 by Mr Justice Mellor.
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Litigation
Munich Local Division issues the first decision by default in an infringement proceeding as Defendant does not respond to Statement of Claim
14 October 2024
i-mop GmbH v ARCORA International GmbH (UPC_CFI_193/2024) Order dated 11 October 2024 (ORD_47439/2024) concerning EP 3 760 094 B1 The patent in suit EP 3 760 094 B1 relates to a floor cleaning device.
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Recent cases
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Infringement
T 1741/22 - no credible technical effect produced by deriving additional data from medical measurements
19 September 2024
An interesting "B" decision from Board 3.5.05 was published yesterday relating to the generation of new data from medical measurements being relied on for a technical effect.
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EPO
A Late Challenge: PI refused for alleged VAR infringement
10 September 2024
Ballinno B.V. v UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH UPC_CFI_151/2024 Order of 3 June 2024 ORD_39782/2024[1] Whilst thoughts of Euro '24 may be starting to slip into the past...
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Recent cases
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Infringement
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Provisional injunction
No Country for New Laws
22 July 2024
Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the...
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Codiphy
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Digital
€325 million Funding for Semiconductor Research and Innovation in the UK and the EU
09 July 2024
Europe's Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M.
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Ampliphy
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Digital
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Patenting
An Ocean Apart – Differences in US and EPO claim interpretation
04 June 2024
Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of...
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Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing
03 June 2024
The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer's appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of...
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Litigation
T 0192/22 - Is a first medical use claim a magic bullet?
31 May 2024
The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio's EP 3318248 B1 at the oral proceedings held in March,...
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Oppositions
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Life
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Patenting
T 1762/21 – The EPO Board of Appeal Clarifies the Term “Inextricably Linked” When Assessing an Intermediate Generalisation
24 May 2024
A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how "intermediate generalisations" are assessed for added matter.
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EPO
Updated EPO Guidelines on AI – why US companies should encourage close collaboration between their US and European attorneys on AI patent applications
20 May 2024
On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data.
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Codiphy
Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management
15 May 2024
Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor's appeal against the decision of Meade J in the High...
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Litigation
Blood drains from Bayer patent as it is found to be non-inventive
07 May 2024
We previously reported on Bayer's application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity...
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Litigation
To Injunct Or Not To Injunct?
10 April 2024
Judge Asked To Grant A 9/10 Day Interim Injunction to Protect Bayer's Anticoagulant Rivaroxaban Ahead of Main Judgment Pharmaceutical company, Bayer found success in its application seeking an...
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Litigation
Balancing Expertise: Mellor J's Ruling on Scientific Advisers vs. Expert Evidence
21 March 2024
Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding...
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Litigation
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