Case Reports
UPC Case Reports
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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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
Infringement action after evidence preservation order fails equivalents test
04 February 2025
Jozef Frans Nelissen v OrthoApnea S.L., Vivisol B BV (UPC_CFI_376/2023) Decision of 17 January 2025[1] (ORD_598478/2023) One of the early evidence preservation orders from the UPC was granted by the...
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Uniphy
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UPC
UPC Confirms Decision By Default
31 January 2025
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. UPC_CFI_412/2023 Order of 9 January 2025[1] (ORD_58414/2024) BMW sought revocation of EP 2796333 belonging to ITCiCo.
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UPC
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Recent cases
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Revocation
Other Case Reports
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Litigants in person and IP risk: Lessons from Banham v Rogers
26 March 2026
The High Court’s judgment in Banham v Rogers provides a stark warning for SMEs defending intellectual property claims without professional advice. Acting as a litigant in person, the defendant misunderstood key technical issues, failed to comply with procedural requirements, and mismanaged correspondence and evidence. These cumulative errors left the court with no realistic defence to consider, leading to summary judgment and public reputational damage. The case underlines the importance of obtaining specialist IP advice at an early stage to avoid avoidable and compounding litigation risks.
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R.262A applications required to maintain confidentiality in UPC Proceedings
03 March 2026
The Court of Appeal clarified the necessity of formal applications to maintain confidentiality in Unified Patent Court (UPC) proceedings when disclosing ordered information. This ruling arose from a dispute involving patent infringement and confidentiality claims between EOFlow and Insulet.
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Confidentiality
Court of Appeal gives Babek’s trade mark a gold star for validity
18 December 2025
The Court of Appeal upheld the validity of Babek International Ltd’s trade mark after Iceland Foods Ltd challenged its registration. The judgment clarified that a trade mark must be a single, clearly and precisely represented sign capable of distinguishing goods or services. The court found that Babek’s mark met these requirements, rejecting arguments about lack of clarity and permissible variations. Iceland’s appeal was dismissed, affirming the trade mark’s validity and providing guidance on interpreting trade mark descriptions and representations.
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Appeal
Another day, another interim injunction granted by the UK High Court: Boehringer Ingelheim find success against Dr Reddy
04 December 2025
Boehringer Ingelheim successfully obtained another interim injunction from the UK High Court against Dr Reddy, reinforcing its patent rights in ongoing pharmaceutical litigation. The article outlines the case details, the court’s reasoning, and what this decision means for patent enforcement in the UK.
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Basic
Does an ongoing phase 3 clinical trial and its published protocol suggest that the tested drug will be successful?
18 September 2025
Summary A recent EPO Boards of Appeal decision, T 0136/24, has examined the issue of "reasonable expectation of success" when the prior art discloses a protocol to an ongoing phase 3 clinical trial.
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EPO
When “better” isn’t good enough under Art. 84 EPC
18 September 2025
In the recent Decision T 2387/22, the Board's key message was: if you define an invention by a "relative improvement" of a known technical effect, the improvement must be expressed in "objectively...
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Life
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Patenting
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EPO
A Cloud of Uncertainty: Implications of G 1/23 for Software Companies
29 July 2025
On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (EPO) issued its landmark decision in case G 1/23 (Solar Cell Sealing Materials and Solar Cell Module), a ruling that has...
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Codiphy
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Digital
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EPO
Patent Dispute Resolved: JGL's Hoist Not Infringing
25 July 2025
Jeff Gosling Limited ("JGL") sued Autochair Limited in the IPEC for a declaration of non-infringement concerning its "Apex Assist" hoist and Autochair's patent, which covers a particular set-up of a...
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Litigation
Balancing Free Speech and Fair Competition: How Section 12(3) HRA Applies to Threats
11 July 2025
Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) Summary This judgment concerns an application by the first Defendant for an interim injunction to restrain the...
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Litigation
AI and Bitstreams at the Core of China’s Patent Update
28 May 2025
On April 30, 2025, the China National Intellectual Property Administration (CNIPA) released a draft amendment of the Patent Examination Guidelines (for public comment), proposing further revisions to...
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Analysis
Plausibility at the forefront of the UK High Court’s decision in finding AstraZeneca’s patent covering blockbuster diabetes drug invalid
20 May 2025
Following hot behind the interim injunction decisions regarding the same subject matter between AstraZeneca and Glenmark (and covered previously in this newsflash here), on 28 April 2025, the High...
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Litigation
Court of Appeal overturns High Court’s decision and grants interim injunction to AstraZeneca against Glenmark
14 May 2025
AstraZeneca v Glenmark has seen the parties visiting the courts several times since the validity trial (heard in March of this year) over the past few weeks.
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Litigation
Urbis Schreder slips up on anti-climb lighting patents validity challenge
14 April 2025
DW Windsor Ltd v Urbis Schreder Ltd [2025] EWHC 563 (IPEC) (14 March 2025) Summary This action involves two companies that design, manufacture and supply exterior lighting fixtures.
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Litigation
Hacon J warns that the reasonable reader should not be regarded as an “anxious pedant”
10 April 2025
Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) https://www.bailii.org/ew/cases/EWHC/IPEC/2025/547.html This case concerns a trade mark held by Babek International Ltd which they...
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Litigation
Prevayl v Whoop [2025] EWHC 399 (IPEC)
26 March 2025
His Honour Judge Hacon has found that Prevayl's patent for a smart bra was invalid for obviousness over two pieces of prior art. However, had the patent been valid, Whoop would be indirectly...
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Litigation
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