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
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Post-sale confusion is relevant and potentially damaging
23 March 2011
A recent UK court decision has concluded that, in appropriate circumstances, post-sale confusion could be used to demonstrate a likelihood of confusion when potential trademark infringement was being...
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Trademarking
To be, or not to be, that is the European patent
22 March 2011
It seems a single EU patent, covering all the EU Member States other than Spain and Italy, may become a reality. How this would be litigated, however, remains unclear.
No items found.
Post-grant amendment, Court discretion and narrowing scope for wider rights
18 March 2011
A recent High Court decision demonstrates that a post-grant amendment may still be rejected in the UK at the discretion of the court. The amendment was rejected as even though the scope of the...
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Digital
Registering Trademarks To Improve Your Position In Litigation
04 March 2011
Two of the numerous factors to be weighed when deciding on UK or European Community (CTM) registration are: intent to use: still a prerequisite for a valid UK application, although not a CTM;speed of...
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Trademarking
Counterfeits in Transit: The Advocate General's Opinion
28 February 2011
It is not uncommon for counterfeit goods to pass through the EU in transit to their final destination. This raises the question of whether such goods fall within the jurisdiction of the EU, and can...
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Trademarking
The latest dispatches from the Budweiser wars
25 February 2011
Advocate General Verica Trstenjak recently gave her opinion on questions referred to the European Court of Justice by the UK Court of Appeal regarding the latest dispute in the complex on-going...
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Trademarking
Put up or shut up: Nokia vs IPCom
23 February 2011
This appeal decision demonstrates the importance of considering potential patent amendments early in litigious proceedings. The appeal was concerned with two patents which were part of a larger...
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Digital
Simon Stanes blogs for The IPKat on the cancellation of Innocent smoothie trademarks
01 January 1970
Simon Stanes, the head of EIP Brands, has posted as a guest blogger for The IPKat following the cancellation of two CTM registrations owned by the makers of Innocent smoothies.
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Trademarking
Simon Stanes blogs for The IPKat on the Budweiser dispute
01 January 1970
Simon Stanes, the head of EIP Brands, has contributed to a post on The IPKat blog following a ruling by the General Court in what could be the end to the long-running Budweiser trademark dispute.
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Trademarking
Rare diseases - are there sufficient incentives to develop treatments?
01 January 1970
To mark Rare Disease Day 2012, Darren Smyth's latest IPKat post has a topical theme.Darren highlights the pharmaceutical industry's reluctance to develop treatments for rare diseases where there is...
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Life
America Invents Act – Important Changes to US Patent Law
01 January 1970
The biggest changes to US patent law since 1952 have recently been signed into law by president Obama, in the form of the America Invents Act.
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Patent Strategy
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