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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UPC
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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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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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Recent cases

Other Case Reports

Prior use rights and wrongs
11 August 2011
One of the aspects arising from the judgment in Lundbeck v Infosint [2011] EWHC 907 (Pat) is the potentially narrow scope of prior use rights.
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SPCs: When does a patent protect a product?
10 August 2011
The law governing supplementary protection certificates (SPCs) is in theory harmonised within the EU. However, different interpretations have arisen with the result that there are presently nine...
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Life
Albert Packaging v Nampak Cartons: we didn’t copy your design, right?
01 July 2011
The Patents County Court has handed down judgment ([2011 EWPCC 15) in a dispute between Albert Packaging Limited (“Albert”) and Nampak Cartons & Healthcare Limited (“Nampak”), regarding alleged...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Lundbeck v Infosint: The importance of registering assignments
01 July 2011
A recent judgement in the Patents Court [2011] EWHC 907 (Pat) by the Hon Mr Justice Floyd has emphasised the importance of registering assignments and exclusive licences relating to European patents...
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Life
What’s in the Patent Box? An update
16 June 2011
What is a 'Patent Box'? The Patent Box is a taxation scheme proposed for the UK. Under the Patent Box scheme companies will be able to apply a 10% rate of corporation tax for net profits arising from...
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EPO and ITU cooperate to improve transparency in patents and ICT standards
27 May 2011
The European Patent Office (EPO) and the International Telecommunications Union (ITU), which creates Information and Communication Technology (ICT) standards, have announced that they have signed an...
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Digital
Reconciling national measures for EU-wide CTM enforcement
24 May 2011
This judgement by the Court of Justice of the European Union (CJEU) confirms that when a national court acting as a Community Trade Mark Court imposes measures to ensure compliance with a judgment,...
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Trademarking
Merck v Teva: Time to be obvious
20 May 2011
A recent judgment made by the Chancellor of the UK High Court in a patent dispute has highlighted that the test for obviousness (i.e. inventive step) of the subject matter of a patent does not...
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Life
The Hargreaves Review: Destinations without Routes
19 May 2011
By Andrew Sharples, Partner and head of EIP LifeDigital Opportunity: A Review of Intellectual Property and Growth (commonly known as The Hargreaves Review) was published on 18 May 2011.
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Latest on Virgin Atlantic flat-bed seat patent dispute
16 May 2011
A recent judgment has clarified the consequences for a court order based on a successful UK finding of patent infringement when that same patent is later amended at the EPO.
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Anheuser-Busch v Budvar
05 May 2011
European Court of Justice: Case C-96/09 P A recent appeal to the European Court of Justice (ECJ) in relation to the ongoing trademark dispute between Anheuser-Busch and Budvar has highlighted several...
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Trademarking
Cross undertaking for damages negated by extra-national infringement
26 April 2011
In this case the patentee Servier had obtained an injunction against the defendant Apotex for the sale of a generic copy of the drug Perindopril Erbumine.
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Life
Making or Repairing? Schütz v Werit and the ‘Whole Inventive Concept’ Test
20 April 2011
The Court of Appeal judgment ([2011] EWCA Civ 303) in Schütz v Werit has shed some light on the appropriate test for deciding whether a given act of reconditioning of a patented product constitutes a...
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Dynamics
When is a transmission not a transmission?
14 April 2011
A recent case in the English courts raises questions that could affect the way global business is performed over the internet. Since 1998, databases have been protected in the UK under a ‘sui...
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Digital
Keyword advertising and trademark infringement: The Advocate General's opinion
11 April 2011
A few years ago, Google decided to allow businesses in the US and in the European Union to buy Google AdWords consisting of their competitors' registered trademarks so that anyone can bid on a...
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Trademarking
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