Case Reports

UPC Case Reports

Right of defence of defendants key to Court’s decision on the addition of a new party and amendments to an existing case
10 April 2025
AIM Sport Development AG v TGI Sport Suomi Oy & Ors. (UPC_CFI_214/2023)[1] Order of 11 February 2025 (ORD_6926/2025) The Helsinki Local Division considered AIM Sport Development AG's ("AIM Sport")...
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UPC
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Recent cases
Costs assessment following interim measures at UPC
03 April 2025
SSAB Swedish Steel GmbH & SSAB Europe Oy v Tiroler Rohre GmbH (UPC_CFI_640/2024) Orders of 10 February 2025 (Order nos. ORD_68941/2024[1] and ORD_65844/2024[2]) This is a decision on the...
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Recent cases
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UPC
Related actions filed in different UPC divisions
01 April 2025
biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH, S.I.A. LIGHTGUIDE International (UPC_CFI_714/2024) Order of 12 February 2025 (ORD_68717/2024[1]) On 20 November 2024, the Claimant...
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Recent cases
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Infringement
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UPC
Independence of representatives
28 March 2025
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_COA_563/2024; APL_53716/2024) Appeal Order of 10 February 2025 (APL_68946/2024)[1] The Appellant ("Suinno") filed an...
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UPC
Security for costs refused in revocation action
24 March 2025
AYLO PREMIUM LTD v DISH Technologies L.L.C. (UPC_CFI_198/2024) Order of 18 February 2025 (Order no. ORD_59528/2024[1]) Written by Emily Williams The Central Division (Paris Seat) has rejected a...
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UPC
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Recent cases
UPC’s jurisdiction extends to acts before UPCA came into force
21 March 2025
Esko-Graphics Imaging GmbH v XSYS Germany GmbH, XSYS Prepress N.V, XSYS Italia S.r.l. Order of 10 February 2025 (UPC_CFI_483/2024)[1] The Defendants filed a preliminary objection arguing that the UPC...
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UPC
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Recent cases
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Jurisdiction
Standing to bring a claim is not an issue which can be dealt with as a preliminary objection
21 March 2025
GXD-Bio Corporation v Myriad Genetics S.r.l and others[1] (UPC_CFI_437/2024) Order of 14 February 2025 (ORD_68782/2024)[2] The claimant brought an action before the UPC Local Division in Munich...
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UPC
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Recent cases
UPC Expedites Proceedings by Prioritising Resolvable Issues
21 March 2025
Advanced Bionics and two other Advanced Bionics entities v. MED-EL Elektromedizinische Geräte GmbH (Revocation action UPC_CFI_338 /2023 and counterclaim for revocation UPC_CFI_410/2023) Decision of...
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UPC
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Recent cases
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Revocation
Ceiling for recoverable costs still applies in the case of multiple Defendants
18 March 2025
Imbox Protection A/S v. Brunngård Group AB & Footbridge Group AB (UPC_CFI_527/2024) Order of 17 February 2025 (Order no. ORD_68981/2024[1] relating to EP 2 276 862) The Stockholm Local Division of...
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UPC
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Recent cases
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Costs
UPC Claimant Out of Time to Amend: Esko-Graphics Imaging GmbH v. XSYS Germany GmbH & ors
18 March 2025
Order of 28 February 2025 (Order no. ORD_3085/2025)[1] (UPC_CFI_483/2024) The Claimant had brought a claim against the Defendants for infringement of EP 3 742 231 ("the Patent"), relating to...
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Uniphy
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UPC
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Recent cases
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Infringement
UPC dismisses infringement claim for network switches
10 March 2025
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc. (UPC_CFI _58/2024 relating to EP2201740B1) Decision of 19 February 2025 (ORD_65550/2024 [1]) This Decision from the Hamburg Local...
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Uniphy
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UPC
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Recent cases
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Infringement
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Revocation
Claimant ordered to provide security for costs, denied legal aid
12 February 2025
UPC_CFI_224/2024 & UPC_CFI_786/2024 Decision of 27 January 2025 (Order no. ORD_4250/2025, Order no. ORD_4288/2025) The UPC ruled that the Claimant in an infringement proceeding must provide security...
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UPC
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Recent cases
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Security for costs
UPC finds infringement in LED lighting case
11 February 2025
Swarco Futurit Verkehrssignalsysteme GmbH v. Strabag Infrastructure & Safety Solutions GmbH, Chainzone Technology (Foshan) Co., Ltd (UPC_CFI_33/2024) Decision of 15 January 2024 (Order no.
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UPC
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Recent cases
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Infringement
Ortovox vs Mammut
07 February 2025
Local Division Düsseldorf Order dated 14th January 2025 UPC_CFI_16/2024, ACT_2379/2024, ORD_63035/2024[1] Infringement Action and Counterclaim for Revocation Background There is a procedural history...
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UPC
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Recent cases
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Infringement
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Revocation
Decisions by Default granting Provisional Injunctions
05 February 2025
air up group GmbH v Guangzhou Aiyun Yanwu Technology Co., Ltd. UPC_CFI_508/2023 and UPC_CFI_509/2023 Decisions by default of 9 January 2025 (ORD_1359/2025[1] and ORD_1378/2025[2]) The claimant...
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UPC
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Recent cases
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Provisional injunction

Other Case Reports

Alibaba case highlights importance of filing trademarks in China
26 June 2015
Alibaba is the largest e-commerce platform in China, and one of the biggest in the world. Its co-founder, Jack Ma, is the richest man in China; he is often compared to Bill Gates and Steve Jobs by...
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Litigation
Remember: A UK patent application may not finally lapse for many years!
08 April 2015
In a recent decision of the UK Intellectual Property Office, an applicant for a UK patent was allowed to file a response to an examination report (“office action”) more than 18 months after the due...
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Life
Reform of UK Provisions on Groundless Threats of Patent Infringement
11 March 2015
In August 2013, I produced a short commentary regarding the decision of Mr Recorder Meade QC in SDL Hair Ltd v Next Row Ltd & Ors [2013] EWPCC 31, where Mr Meade was faced with the question of...
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Litigation
Abuse of Process – Patentee does not have to assert all known means of infringement
14 January 2015
A decision from Mr Justice Birss inAdaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc[2014] EWHC 4194 has introduced additional complications for parties found to infringe a...
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Litigation
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Dynamics
Safeners can be active substances for purposes of supplementary protection certificates, says CJEU
07 August 2014
C‑11/13 Bayer CropScience AG v Deutsches Patent- und MarkenamtThe Court of Justice of the European Union rules that a supplementary protection certificate (SPC) can be granted in respect of a safener.
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Litigation
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Life
Trademarks in sport
14 July 2014
A strong brand, and trademark protection, create business value. Indeed, intellectual property can become a company’s most valuable asset. Branding in sport is big business.
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Trademarking
Alice explained – US Supreme Court decision on computer-implemented inventions
01 July 2014
The question presented in Alice was whether claims directed to a computer-implemented scheme for mitigating “settlement risk” are patent eligible under 35 U. S. C. §101.
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Litigation
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Digital
YouView facing a re-brand after High Court ruling on trademark infringement
19 June 2014
In the latest decision of a long-running battle over use of the trademark “youview”, the High Court issued a decision, this week, that may require the £100 million internet television service to...
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Litigation
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Digital
Benefits for UK businesses as the Intellectual Property Act receives Royal Assent in the UK
18 May 2014
UK Intellectual Property law was enhanced last week when the Intellectual Property Act 2014 (IP Act) was given Royal Assent. It is expected that the IP Act’s provisions will start to come into force...
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Life
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Uncertainty remains over medical device SPCs in Europe
09 April 2014
The UK Intellectual Property Office has refused to grant an SPC for a medical device, as noted in the decision BL O/141/14. Whilst those aware of the SPC legislation may not find this surprising, a...
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Litigation
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Life
Trunki decision overturned based on different interpretation of scope of design
31 March 2014
A recent decision of the Court of Appeal of England and Wales has highlighted again the importance of the form and amount of detail shown in the views (formally called “representations”) of a design...
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Litigation
Cosmetic Warriors in the High Court
16 March 2014
In Cosmetic Warriors Limited & Lush Limited v Amazon.co.uk Limited & Amazon EU SARL, Mr John Baldwin QC (sitting as deputy judge) found that the aforesaid Amazon companies (collectively referred to...
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Litigation
Betty Boop as a badge of origin
06 March 2014
In Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) Mr Justice Birss held that A.V.E.L.A. Inc. and its co-defendants (together “AVELA”) have infringed Hearst Holdings Inc.
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Litigation
No Glee in the UK with Reverse Confusion
27 February 2014
Roger Wyand QC (sitting as a Deputy High Court Judge) recently handed down judgment in Comic Enterprises Limited v Twentieth Century Fox Film Corporation [2014] EWHC 185 (Ch).
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Litigation
The sticky question: when is a GUI-related invention “technical”?
10 December 2013
Case law on the European Patent Office’s approach to non-technical inventions is quite a minefield. This is particularly so in relation to inventions that involve a presentation of information.
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Litigation
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Digital
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