Case Reports

What happens when a European Patent Office opposition is pending at the same time as a UPC action? And what happens if the EPO and UPC reach differing conclusions on the validity?

EOFLOW v INSULET UPC_CFI_597/2024 Decision of 22 July 2025 (ORD_69390/2024[1] and ORD_69391/2024[2]) This decision, granting a decision by default against EOFLOW after EOFLOW declined to pay the...

UPC Court of Appeal sets out criteria for evidence preservation and inspection orders Valinea Energie SASU v Tiru SAS (UPC_COA_002/2025) and Maguin SAS v Tiru SAS (UPC_COA_327/2025) Court of Appeal...

Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH UPC_CFI_359/2023 and UPC_CFI_365/2023 Orders of 18 July 2025 The UPC has begun to shape the contours of...

Aesculap AG v Shanghai International Holding Corporation GmbH (Europe) (UPC_CFI_213/2025 relating to EP2892442B1) Order of 10 July 2025 (ORD_32728/2025 [1]) This Decision from the Düsseldorf Local...

Genentech Inc. & F. Hoffmann – La Roche AG v Organon & Co, Organon Heist B.V. NV Organon & Shanghai Henlius Biotech Inc. (UPC_CFI_407/2025 and 408/2025) Orders dated 30 May 2025 (ORD_23125/2025 and...

Nanoval GmbH & Co. KG v ALD Vacuum Technologies GmbH (UPC_CFI_63/2025 relating to EP3083107) Order of 22 July 2025 (ORD_25245/2025 [1]) This Decision from the Munich Local Division of the Unified...

Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation UPC_CoA_363/2025 Decision of 12 July 2025 ORD_32844/2025[1] The UPC Court of Appeal has corrected a lower court's misunderstanding...

In a significant ruling before the Unified Patent Court (UPC)[1], the Court of Appeal has clarified that a claimant in an infringement action cannot request security for costs from a defendant who...

Sichuan Yuanxing Rubber Co., Ltd. and China Council for the Promotion of International Trade, Automotive Sub Council Order of 14 July 2025 (ORD_26742/2025 [1]) This article follows up on the UPC...

Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604) Order of 25 June 2025 (ORD_17812/2025 [1]) This Decision from the Central Division of the Unified Patent Court...

NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...

Dolby International AB v. Epson France SAS UPC_CFI_77/2025 Order of 27 May 2025 ORD_18316/2025[1] The Hamburg Local Division of the UPC has decided that a withdrawal of opt out from the UPC is valid,...

Hurom Co., Ltd v. NUC Electronics Co., Ltd, NUC Electronics Europe GmbH & Warmcook (UPC_CFI_163/2024) Order of 23 May 2025 (Order no. ORD_69293/2024[1] relating to EP 3 155 936) The Paris Local...

UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the...

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...

Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.

The ongoing dispute between Apple and Samsung over Apple's Registered Community Designs for its iPad has now entered the UK courts.Darren Smyth's latest IPKat post relates to a decision of Mr Justice...

A Polish law which allowed the sale of unapproved drugs which were cheaper than those approved has been declared contrary to EU law.The decision by the Court of Justice of the European Union is...