Case Reports
UPC Case Reports
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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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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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
UPC weighs in on extraterritorial jurisdiction
31 January 2025
FUJIFILM Corporation v Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH UPC_CFI_355/2023 Decision of 28 January 2025[1] (ORD_598539/2023) Fujifilm brought an infringement action...
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UPC
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Recent cases
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Jurisdiction
UPC Court of Appeal rules that UPC can determine damages following a national infringement decision
29 January 2025
Fives ECL, SAS v. REEL GmbH UPC_CoA_30/2024 Order of 16 January 2025[1] (APL_4000/2024) Fives applied to the UPC Local Division in Hamburg for a determination of damages following a prior...
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UPC
UPC sets aside provisional injunction on hand-held vacuum cleaners
27 January 2025
SharkNinja Germany GmbH, SharkNinja Europe Limited v. Dyson Technology Limited (UPC_CFI_443/2023 and UPC_CoA_297/2024) Decisions of 5 May 2024 (Order no.
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UPC
Other Case Reports
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Internet video evidence as prior art? The EPO Boards of Appeal have views...
29 July 2022
Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO.
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Oppositions
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Patenting
Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!
01 July 2022
BackgroundOn 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are...
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Patenting
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Digital
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Commercial IP
Tilting At Windmills
28 June 2022
A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage...
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Patents Court affirms power to grant injunctions for pre-grant patents, but refuses injunction for Novartis
07 June 2022
Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod,...
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Patenting
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Oppositions
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HealthTech
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Elements
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Life
Pride Month, Progress, and The Paradox of Tolerance
06 June 2022
Once upon a time, in New York City, there was a riot.Not, by itself, an especially notable occurrence – New York is a pretty good place for rioting, as such places go, and as both myself and my...
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Mobility-as-a-Service – how will you travel?
24 May 2022
Mobility-as-a-Service - how will you travel? The taxi service industry has undergone huge disruption over the last decade with the proliferation of ride-hailing apps.
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Dynamics
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Patenting
High Court refuses Neurim and Flynn interim injunction against Teva in third instalment of melatonin product dispute
16 May 2022
In the third chapter of Neurim and Flynn's dispute with generic companies, Mr Justice Mellor refused the Claimants' application for an interim injunction against generic giant, Teva, on the basis...
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Oppositions
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Litigation
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Life
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Patenting
Not a “FUNTIME” in Court for toy manufacturer after trademark infringement claim in IPEC fails
10 May 2022
This judgment concerns a claim for infringement of a UK and EU registered trademark brought in IPEC by Luen Fat Metal and Plastic Manufactory Co Ltd (the "Claimant") against Funko UK, Ltd (the...
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Trademarking
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Litigation
The Club isn’t the Best Place (to find a DNI), so the Court is where Sheeran Goes
13 April 2022
On 6 April 2022, Mr Justice Zacaroli ruled on the highly publicised case involving Ed Sheeran (and others) against Sam Chokri (and others) over Mr Sheeran's 2017 well-known hit "Shape of You.
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Litigation
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Commercial IP
Flynn held to be exclusive licensee while both parties at fault on costs in Neurim v Mylan Court of Appeal judgment
06 April 2022
On 29 March 2022, the Court of Appeal handed down judgment in relation to appeals made by the Claimants (Neurim and Flynn) on two issues. Overturning Marcus Smith J's decisions, the Court of Appeal,...
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Oppositions
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Litigation
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Life
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Patenting
Court of Appeal Maintain Status Quo in Neurim v Mylan By Refusing Injunctive Relief
04 April 2022
In the latest flurry of judgments to arise from the Neurim v Mylan (now trading as Viatris) battle over Neurim's insomnia patent and Mylan's presence on the market with its generic version, we report...
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Oppositions
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Litigation
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Life
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Patenting
Loonshot in Surgical Robotics - Patent Landscape Analysis
31 March 2022
Loonshot = an idea that's not just big, it seems mad to even try - Safi BahcallRobot-assisted surgery is a hot area in Medtech. The number of patent filings in robotic surgery system (patent...
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HealthTech
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Life
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Patent Strategy
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Patenting
Failure to serve US company
30 March 2022
The US member of an international group of companies has successfully disputed that it has been duly served via the office of its UK subsidiary.
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Litigation
G1/22 & G2/22: Entitlement to priority
30 March 2022
BackgroundAs shown by the figure above, the applications in question are European stage of an application under the Patent Cooperation treaty (PCT) and its divisional applications.
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Patenting
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Oppositions
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HealthTech
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Elements
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Life
Design Rights and Video Evidence Wrongs
03 March 2022
ASR Interiors Limited v 1) AWS Trading Limited and 2) Giatalia International LimitedA design rights case that provides an example of the wrong way to give video evidence.
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Litigation
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