Case Reports
UPC Case Reports
Provisional Injunction Denied for Small Molecule Kinase Inhibitor
19 June 2025
Zentiva Portugal, LDA v. Boehringer Ingelheim International GMBH (UPC_CFI_41/2025 relating to EP1830843) Court of First Instance Order dated 8 May 2025 ORD_18599/2025 [1] Summary The Application for...
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Recent cases
UPC Opines on Second Medical Use Claims
17 June 2025
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc.,v Amgen Inc. and others UPC_CFI_505/2024 Decision of 13 May 2025 ORD_598583/2023 This decision from the Düsseldorf Local Division sets out for...
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UPC
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Claim interpretation
XSYS Germany GmbH & ors. v. Esko-Graphics Imaging GmbH
17 June 2025
Decision of 2 June 2025 (Order no. ORD_23545/2025) Ekso originally brought infringement proceedings against XSYS in respect of its EP 3 742 231 patent, relating to a method of curing photo-curable...
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Recent cases
The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state...
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UPC
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Analysis
Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
23 May 2025
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair.
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UPC
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Recent cases
Court of Appeal Upholds Decision on Provisional Measures
20 May 2025
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background...
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UPC
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Recent cases
AGFA fails in its infringement claim against Gucci
15 May 2025
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA's patent EP3388490, which relates to decorating...
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UPC
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Recent cases
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Claim interpretation
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Infringement
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Revocation
Printing plates case displays practical points to consider in Fujifilm V Kodak
09 May 2025
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between...
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UPC
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Recent cases
Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
09 May 2025
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel...
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UPC
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Recent cases
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Security for costs
Provisional injunction denied for clay-based haemostatic agent
01 May 2025
Teleflex Life Sciences II LLC v Speed Care Mineral GmbH (UPC_CFI_701/2024 relating to EP2007811) Order of 21 February 2025 (ORD_ 68880/2024)[1] Application for preliminary injunction refused.
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UPC
Mammaoet Holding B.V. v P.T.S. Machinery B.V.
28 April 2025
(UPC_CFI_16/2025) Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22 January 2025 regarding the preserving of evidence This is a decision on the preservation...
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UPC
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Recent cases
UPC rules on scope of product by process features in claims
28 April 2025
Yellow Sphere Innovations GmbH, Erwin Härtwich v Knaus Tabbert AG UPC_CFI_50/2024 Decision of 10 April 2025 (ORD_68984/2024[1]) This decision from the Düsseldorf local division has a number of...
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UPC
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Recent cases
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Claim interpretation
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Damages
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Infringement
Security for Costs Application
28 April 2025
Emboline, Inc. v AorticLab srl (UPC_CFI_628/2024) Order of 16 April 2025 (ORD_9097/2025)[1] The LD Munich has recently provided some guidance on when security for costs will be available as well as...
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UPC
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Recent cases
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Costs
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Security for costs
Application for a preliminary injunction refused
24 April 2025
Barco NV v Yealink Network Technology Co. Ltd. & Ors. (UPC_CFI_582/2024) Order of 21 March 2025 (ORD_68979/2024)[1] Barco is a company operating in the entertainment, enterprise and healthcare...
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UPC
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Recent cases
Intervention request refused
16 April 2025
Accord Healthcare B.V. & Others v Novartis AG (UPC_CFI_6984/2024) Application to Intervene by Zentiva K.S. and Zentiva Portugal, LDA Order of 27 March 2025 (ORD_10348/2025)[1] The Claimants...
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UPC
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Recent cases
Other Case Reports
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Court of Appeal puts an end to lawyers creating confusion
29 November 2012
In Marks and Spencer Plc v Interflora Inc [2012] EWCA Civ 1501, the Court of Appeal has effectively killed off what was a common place practice of adducing favourable evidence of confusion (or lack...
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Litigation
Needles in the UK Patents County Court
26 September 2012
Liversidge v (1) Owen Mumford Limited (2) Abbott Laboratories LimitedIn April 2011, the claimant commenced patent infringement proceedings in the UK Patents County Court (“PCC”) against the...
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Litigation
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Life
High Court confirms that it is not fine for Spicerhaart to continue using “FINE”
25 September 2012
A recent decision of the High Court has brought to a conclusion a dispute between Fine & Country Limited (F&C) and Okotoks Limited (formerly Spicerhaart Limited and part of the Spicerhaart Group of...
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Litigation
Antibody claims held sufficient, but how valuable will they be?
19 September 2012
In the latest Eli Lilly v HGS ruling, the Court of Appeal has found HGS antibody claims to be sufficient, given the Supreme Court has already held the claims to be capable of industrial applicability.
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Litigation
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Life
SPCs for Antibodies: A CJEU reference probably but not immediately
17 September 2012
The Patents Court has issued another judgment expressing dissatisfaction with the CJEU’s ruling in Medeva (C-322/10). In particular, the Court has held that in order to determine if a particular...
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Litigation
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Life
No way Round BMW’s rights – upgrade is not repair
11 September 2012
A High Court decision last month has provided guidance on how Article 110(1) of the Community Designs Regulation 6/2002/EC, which relates to the protection of designs for component parts of complex...
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Litigation
Confusion in the marketplace: “Woolley” licences and misrepresentation
28 August 2012
Woolley v Ultimate Products Ltd[2012] EWCA Civ 1038 (26 July 2012)Upholding a decision of the High Court, the Court of Appeal considered the effect of a licence, consumer confusion “the wrong way”...
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Litigation
Three new UK IPO decisions demonstrate the wide commercial applicability of registered designs
24 August 2012
In the UK, applications to declare a UK registered design invalid can be filed at the UK Intellectual Property Office (UKIPO), whereupon the case is decided by a Hearing Officer of the UKIPO acting...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Design right re-design – an opportunity for UK business to shape design protection to suit its needs
22 August 2012
The UK Intellectual Property Office (UK IPO) has recently published a consultation document on the proposed reform of the UK Designs Legal Framework.
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Litigation
Gimex v Chill Bag: does the indication of the product in a registered design affect validity and infringement?
20 August 2012
A Patents County Court judgment by HHJ Birss QC in Gimex v Chill Bag provides guidance on whether the indication of the product in a registered design has any bearing when assessing validity and...
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Litigation
Adducing evidence of confusion in trademark actions – a further move towards tighter control of witness gathering exercises?
09 August 2012
Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch)In a wider action concerning the alleged infringement of two of Interflora’s trademarks through Marks & Spencer’s use of...
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Exceptions to the privilege of self-incrimination
07 August 2012
On 4 July in Phillips v Mulcaire [2012] UKSC 28 the Supreme Court of the United Kingdom gave judgment on two key issues regarding the privilege against self-incrimination.
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Litigation
Budejovicky Budvar Narodni Podnik v Anheuser -Busch Inc [2012] EWCA Civ 880 (03 July 2012)
01 August 2012
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...
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Litigation
Patentability of computer programs - High Court judgment gives rise to useful examples of a “technical effect”
31 July 2012
(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...
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Litigation
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Digital
IPKat: Further analysis of Generics (t/a Mylan) v Yeda and Teva
18 July 2012
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.
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Litigation
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Life
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