Case Reports
UPC Case Reports
Defective opt out allows revocation action to proceed at the UPC
13 June 2024
Toyota Motor Europe NV/SA v Neo Wireless GbmH & Co KG (UPC_CoA_79/2024) Appeal against Order no. 597664/2023[1] in case UPC_CFI_361/2023 of the Central Division, Paris seat Order of 4 June 2024...
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UPC
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Recent cases
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Appeal
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Jurisdiction
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Opt out
The Unified Patent Court Turns 1 - Discover the Impact
06 June 2024
Darren Smyth provides a summary of the first year of the UPC's operation.
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UPC
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Analysis
UPC Court of Appeal guidance on stay
31 May 2024
BITZER Electronics A/S v Carrier Corporation (UPC_CFI_263/2023; UPC_CoA_22/2024) Order of 28 May 2024 (ORD_25123/2024)[1] Carrier Corporation is the proprietor of European Patent EP 3 414 708 valid...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Security for Costs
28 May 2024
Ballinno B.V. v Union des Associations Européennes de Football (UEFA), Kinexon GmbH and Kinexon Sports & Media GmbH (UPC_CFI_151/2024) Order of 14 May 2024 (ORD_23557/2024)[1] Ballinno B.V.
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UPC
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Recent cases
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Appeal
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Costs
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Security for costs
UPC rules it has jurisdiction in cases where a claim is brought in violation of a contract
23 May 2024
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH (UPC_CFI_589997/2023) Order of 10 May 2024 (ORD_7903/2024) [1] Tandem Diabetes Care, Inc & Tandem Diabetes Care...
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UPC
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Recent cases
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Jurisdiction
UPC allows intervention by Licensee
22 May 2024
Seoul Viosys Co., Ltd. v. expert klein GmbH, expert e-Commerce GmbH (UPC_CFI_363/2023) Order of 22 April 2024 (ORD_5343/2024)[1] Seoul Viosys sued expert klein GmbH and expert e-Commerce GmbH for...
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UPC
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Basic
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Infringement
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Intervention
Interpretation allowed only at party’s own cost
21 May 2024
CEAD B.V. & CEAD USA B.V. v BEGO Medical GmbH (UPC_CFI_367/2023) Order of 10 May 2024 (ORD_24708/2024)[1] The UPC is an international system in which a large number of languages may be employed, and...
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UPC
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Recent cases
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Language
UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup
17 May 2024
VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused...
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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
Access to documents from revocation action
17 May 2024
NJOY Netherlands B.V. v Juul Labs International, Inc. (UPC_CFI_316/2023); Application for access to documents by Nicoventures Trading Limited Order dated 24 April 2024 (ORD_587436/2023)[1] NJOY...
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UPC
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Recent cases
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Access to documents
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Appeal
SEP Litigation and Self-Inflicted Disclosure Orders
17 May 2024
Panasonic Holdings Corporation v. Xiaomi Technology Germany GmbH & Ors (UPC_CFI_ 219/2023): Order of 30 April 2024 (ORD_14600/2024) [1] In an unusual turn of events, Panasonic successfully applied to...
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UPC
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Recent cases
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Disclosure
Language change not allowed if not language of the patent
16 May 2024
F. Hoffman-La Roche AG, Roche Diabetes Care GmbH v Tandem Diabetes Care, Inc, Tandem Diabetes Care Europe B.V., VitalAire GmbH, Dinno Santé s.a.i., Air Liquide Healthcare Nederland B.
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UPC
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Recent cases
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Language
Unchallenged claims of patent cannot be amended
16 May 2024
Carrier Corporation v. BITZER Electronics A/S UPC_CFI_263/2023 Order of 30 April 2024 (ORD_24607/2024)[1] BITZER Electronics filed a revocation action on 29 June 2023 against EP 3414708 at the Paris...
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UPC
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Recent cases
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Amendments and subject matter extensions
Composition of appeal panel and access to documents
15 May 2024
Ocado Innovation Limited v Autostore AS & Others (UPC_CoA_404/2023) Order dated 10 April 2024 (ORD_19369/2024)[1] A member of the public requested access to documents under Rule 262.
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UPC
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Recent cases
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Access to documents
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Appeal
REVIEW of EX PARTE PI
13 May 2024
Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 09 April 2024[1] Introduction In its order dated 11 December 2023, the Düsseldorf Local Division (in the...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Language change refused by the UPC
13 May 2024
MED-EL v Advanced Bionics (UPC_CFI_410/2023) Order of 15 April 2024 (ORD_13321/2024)[1] MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. filed an infringement action in the German language at...
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UPC
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Recent cases
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Language
Other Case Reports
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How video hearings have kept the Courts open
06 April 2020
The COVID-19 outbreak is impacting people around the globe.The UK government has, like many other governments, been forced to take drastic action to curtail individuals’ movements to enforce social...
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Litigation
Fabric textures can be “artistic work”: Response Clothing v Edinburgh Woollen Mill
06 April 2020
Copyright can subsist in a fabric pattern after HHJ Hacon ruled that such designs constitute a work of artistic craftmanship.In Response Clothing Ltd v Edinburgh Woollen Mill Ltd [2020] EWHC 148...
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Litigation
Brexit and IP: Business as usual during the transition period
31 January 2020
The UK leaves the EU on 31 January 2020 – but until at least the end of 2020 it will be business as usual for intellectual property rights.The Withdrawal Agreement between the EU and the UK was...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Brexit and Intellectual Property – An Update
30 October 2019
The European Union has announced that it will agree to the UK request for a further extension to the period in which the UK remains a full member of the EU (the “Article 50 period”) until 31 January...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
First multimedia ‘motion’ trademark registered in UK
12 August 2019
Toshiba has become the first organisation to register a ‘motion’ trademark in the UK after submitting a multimedia file.While it has been possible to register motion marks before, submissions were...
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Trademarking
Why confidentiality may not be enough to safeguard your US patent prospects
20 March 2019
In Helsinn Healthcare S.A. et al. v. Teva Pharmaceuticals USA, Inc., No. 17-1229, the US Supreme Court held that the assessment of whether an invention had been put “on sale”, and had therefore...
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EIP Sponsors ChIPs Networking Event
07 March 2019
EIP is sponsoring a ChIPs networking event in support of charity Code First: Girls, aimed at helping women enter the tech industry.On Thursday 28 March ChIPs will be hosting a pub quiz in London,...
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Litigation
Supreme Court holds Pfizer pregabalin patent invalid
14 November 2018
Actavis and NHS England eligible to claim under cross-undertaking in damages.The Supreme Court decision in the litigation of Warner-Lambert (Pfizer) against Actavis and Mylan has been handed down...
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Litigation
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Life
Significant judgment on Standard Essential Patents handed down by the Court of Appeal
23 October 2018
EIP has today secured a judgment on behalf of its client Unwired Planet, in a case which has significant international implications for all patent holders and licensees of Standard Essential Patents...
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Litigation
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Digital
Patent Box claims reach £942.5 million
01 October 2018
New preliminary data published by the UK Government for the tax year ending 2017 shows companies have saved a total of £942.5 million in tax relief by using Patent Box.
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Prickly dispute between tattoo artist and cactus shop dismissed
09 May 2018
Henry Martinez (T/A Prick) & Anr. v Prick me Baby One More Time Limited (T/A Prick) & Anr. [2018] EWHC 776 (IPEC)HH Judge Melissa Clarke dismisses passing off claim in prickly dispute between tattoo...
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Litigation
Exhaust gas clarification patent found valid and infringed
08 May 2018
Anan Kasai Co. Ltd & Rhodia Operations S.A.S v Molycorp Chemicals & Oxides (Europe) Ltd [2018] EWHC 843 (Pat).Exhaust gas clarification patent found valid and infringed in claim by Solvay (formerly...
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Elements
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Litigation
UK Patents Court rejects jurisdictional challenge in SEPs case
16 April 2018
This morning the Patents Court, a division of the English High Court, handed down another important decision in the continuing development of the law relating to Standard Essential Patents (SEPs) and...
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Litigation
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Digital
Deutscher Bundesrat stimmt Patentreform zu
31 March 2017
Der Deutsche Bundesrat hat heute über zwei Gesetze abgestimmt, die der Reform des europäischen Patentsystems in Deutschland den Weg ebnen.Höhe- und Schlusspunkt dieser seit den 1960er Jahren...
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Litigation
Legal opinion now available on the UK’s continuing participation in the UPC post-Brexit
16 September 2016
The IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers Association have obtained the opinion of leading counsel (Richard Gordon Q.C.
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