Case Reports

The Local Division Munich invalidated Promosome's licensed mRNA patent over Scripps' codon-optimisation method, then found BioNTech's Comirnaty vaccine would not have infringed the claims even had they been valid.

The Court of Appeal gave guidance on defending dependent claims, relying on EPO central limitation during UPC proceedings, and pleading revocation attacks. It also emphasised that inventive-step combinations require a proper pointer to the secondary reference.

GC Aesthetics, Avient, IQIP and Dall Energy: four 2026 UPC rulings reveal how courts weigh proportionality, confidentiality and timing before ordering a party to produce evidence under Rule 190.

The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.

In Ericsson v ASUSTeK, the Milan Local Division refused a provisional measures application filed 21 months into the case, finding continuing infringement and rising losses alone do not establish urgency.

The UPC Local Division Milan revoked Cardo's provisional injunction against Reso, ruling its helmet intercom products fall outside the scope of EP4240194, neither literally nor by equivalence.

The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.

The Helsinki Local Division found AIM's TV-advertising patent valid but not infringed by TGI, and with no Court of Appeal ruling on equivalence yet, adopted the four-step test both sides put forward, the UPC following the parties' lead.

In Agathon v Intercom, the UPC's Milan Local Division confirmed that statements made during EPO prosecution are not binding but can offer low-weight guidance on the skilled person's view — here narrowing 'abuts' against the patentee.

In Otec v Steros, the UPC's Dusseldorf Local Division revoked an ex parte inspection order after the applicant failed to sue on the merits in time, ordering all preserved evidence returned and destroyed.

On 2 June 2026 the UPC Court of Appeal overturned the Mannheim Local Division's infringement findings against Kodak in both Germany and the UK, on a prior user right in Germany, and on lack of defendant liability in the UK, while upholding the validity of EP 3511174 as amended and laying down a structured framework for exercising jurisdiction over non-EU designations.

These Decisions from the Local Division of the Unified Patent Court in Milan relate to EP2519412 and EP3519207. The Applicant, Pirelli Tyre S.P.A. ("Pirelli") brought two separate infringement actions following respective seizure orders against Tianjin Kingtyre Group Co., Ltd ("Kingtyre") and Sichuan Yuanxing Rubber Co., Ltd. ("SYR"), in view of the exhibition of allegedly infringing products by the defendants at the "International Motorcycle Exhibition" ("EICMA") between 5 and 10 November 2024.

WIRPLAST v VILPE (UPC Munich, April 2026): a roof-fan disclosure was a fair starting point, but the patent for a through-roof ventilation pipe with a spirit level survived; the skilled person would not have leaped.

The UPC Court of Appeal ruled that it lacks jurisdiction to assess costs applications and confirmed they must be filed at the Court of First Instance, rejecting a transfer request in Rematec v Europe Forestry.

In Emporia v Seoul Viosys, the UPC Central Division confirmed that the revocation of an independent claim does not automatically affect the validity of unchallenged claims. The decision underscores the importance of challenging all relevant claims where full patent revocation is sought.

The Court of Appeal recently allowed an appeal by Budejovicky Budvar Narodni Podnik (BB), against a decision that found its “Budweiser” mark invalid following an attack by Anheuser-Busch (AB) which...

(HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789).A further decision in the so-called “smartphone wars” was issued by the High Court recently in relation to a patent dispute between HTC Europe Co Ltd...

In addition to an earlier summary by Darren Smyth of the ruling in Generics (t/a Mylan) v Yeda and Teva, Darren has provided further analysis for the IPKat.

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.

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...

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...

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...

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.

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.

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...

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...

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.

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...

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...

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...