Case Reports
UPC Case Reports
UPC grants provisional injunction ex parte on motorbike helmet intercoms system
13 January 2025
Cardo Systems, Ltd. v Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co. Limited (UPC_CFI_643/2024 relating to EP4240194) Order of 5 November 2024...
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Uniphy
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UPC
Provisional Injunction on Lice Treatment
10 January 2025
G. Pohl-Boskamp GmbH & C. KG v pharma-aktiva GmbH and others UPC_CFI_541/2024 Order of 20 December 2024 (ORD_67522/2024) The claimant G. Pohl-Boskamp GmbH & C.
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UPC
Successful appeal deprives penalty payment of basis
10 January 2025
Nanostring v 10x Genomics UPC_CoA_470/2023 Order of 10 December 2024 (ORD_598533/2023) As we previously reported, the Munich Local Division of the UPC imposed a penalty payment against Nanostring for...
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UPC
UPC grants penalty payment for non-compliance with production order
09 January 2025
Koninklijke Philips N.V. ("Philips") v Belkin International, Inc., Belkin GMBH and Belkin Limited (collectively "Belkin") - UPC_CFI_390/2023 relating to EP 2867997 B1 Order of 18 December 2024 -...
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Uniphy
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UPC
UPC grants provisional injunctions on rotary electric engines
13 December 2024
Valeo v Magna (UPC_CFI_368/2024 relating to EP3320604 and UPC_CFI_347/2024 relating to EP3320602) Orders of 31 October 2024 (ORD_56534/2024[1] and ORD_56545/2024[2]) Valeo Electrification sought...
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UPC
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Recent cases
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Provisional injunction
Security for the Claimant in Revocation Action
07 November 2024
KINEXON SPORTS & MEDIA GMBH vs BALLINNO B.V. (UPC_CFI_230/2024, Revocation Action No. ACT_27358/2024) Order of the CFI of the UPC Paris Central Division dated 14 October 2024 (ORD_47273/2024)[1] The...
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UPC
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Recent cases
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Security for costs
Sodastream prevails against competitor Aarke in an infringement dispute
05 November 2024
SodaStream Industries Ltd. v Aarke AB (UPC_CFI_373/2023) Decision of 31 October 2024 (ORD_598499/2023) [1] concerning EP 1 793 917 Sodastream (in the following "Claimant") and Aarke (in the following...
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UPC
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Recent cases
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Infringement
10x Genomics patent revoked
24 October 2024
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC 252/2023) Decision of 17 October, 2024 (ORD_598480/2023[1]) This decision from the Central Division in Munich...
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UPC
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Recent cases
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Revocation
Philips successfully asserts wireless charging patent at the UPC
23 October 2024
Koninklijke Philips N.V. v. Belkin GmbH, Belkin Limited, Belkin International, Inc. (UPC_CFI_390/2023) Decision of 13 September 2024 (ORD_598464/2023)[1] Philips asserted their patent EP 2867997[2],...
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UPC
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Recent cases
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Infringement
Intervention by patent pool administrator permitted
22 October 2024
NEC Corporation v TCL Communication Technology Holdings Ltd. & Others (UPC_CFI_153/2024) Order dated 2 October 2024 (ORD_46842/2024)[1] NEC Corporation ("NEC") sued seven companies within the TCL...
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UPC
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Recent cases
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Intervention
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Representation
Lisbon Local Division Refuses Provisional Injunction due to Delay
21 October 2024
Telefonaktiebolaget LM Ericsson v Asustek Computer Inc, Arvato Netherlands B.V., Digital River Ireland Ltd. (UPC_CFI_317/2024) Decision of 15 October 2024 (ORD_52116/2024[1]) This judgment relates to...
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UPC
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Recent cases
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Provisional injunction
UPC rules that in house lawyers cannot act as UPC representatives
16 October 2024
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_CFI_164/2024) Order of 16 September 2024 (ORD_41174/2024)[1] This decision of the Paris Central Division of the UPC arose in...
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UPC
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Recent cases
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Representation
Central Division (Paris seat) issues the first decision by default in a revocation proceeding
14 October 2024
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. (UPC_CFI_412/2023) Order dated 16 September 2024 (ORD_51965/2024) concerning EP 2 796 333 The patent in suit EP 2 796 333 relates to...
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UPC
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Recent cases
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Revocation
UPC Court of Appeal Confirms Provisional Injunction for Ortovox
04 October 2024
Mammut vs Ortovox Court of Appeal Luxembourg Order of 25 September 2024 [1] UPC_CoA_182/2024, APL_21143/2024 Introduction In its order dated 09 April 2024, the Düsseldorf Local Division reviewed the...
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UPC
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Recent cases
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Appeal
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Infringement
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Provisional injunction
Hamburg Local Division grants ex parte provisional injunction based on exhibition at IFA trade fair 2024 in Berlin
26 September 2024
Koninklijke Philips N.V. v Shenzhen Yunding Information Co., Ltd. (UPC_CFI_516/2024) ORD_50890/2024 dated 9 September 2024 concerning EP 3 197 316 After visiting trade fair IFA 2024, which started on...
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UPC
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Recent cases
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Provisional injunction
Other Case Reports
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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