Case Reports
UPC Case Reports
Splitting proceedings in respect of multiple defendants in different jurisdictions
10 May 2024
Panasonic Holdings Corporation v Xiaomi Inc et al UPC_CFI_218/2023, 219/2023 and 223/2023 Orders of 6 May 2024[1] Panasonic has sued multiple defendants from the Xiaomi group of companies for patent...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
UPC Court of Appeal Confirms Deadline to Appeal Orders
01 May 2024
AIM Sport Vision v Supponor UPC_CoA_500/2023 Order of 26 April 2024 (ORD_23089/2024) There has been confusion in some of the first instance divisions of the Unified Patent Court as to whether certain...
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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
UPC emphasises importance of formal service
22 April 2024
Daedalus Prime v. Xiaomi and others Order of 18 April 2024 ORD_20986/2024[1] Daedalus Prime LLC filed a patent infringement action based on EP2792100 at the UPC local division in Hamburg.
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UPC
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Recent cases
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Service of actions
Variable Views on Confidentiality
19 April 2024
In recent months the Local Divisions of Mannheim, Paris and Düsseldorf have given guidance on access to confidential material. These judgments address the procedure for protecting confidential...
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UPC
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Recent cases
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Confidentiality
Bringing an action following preservation of evidence
15 April 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023) Order dated 8 April 2024 (ORD_9710/2024)[1] Progress Maschinen & Automation AG ("PMA") filed...
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UPC
Adding a patent to existing proceedings
11 April 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order[1] of Court of Appeal on 11 March 2024 (UPC_CoA_44/2024); Appeal against ORD_593106/2024 of the CFI panel dated 18 January...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Time limits
Error in Defendant not Fatal to Revocation Claim
09 April 2024
Juul Labs International, Inc. v. NJOY Netherlands B.V. (UPC_CoA_433/2023, UPC_CoA_435/2023, UPC_CoA_436/2023, UPC_CoA_437/2023, UPC_CoA_438/202)[1] Orders of 3 April 2024 (ORD_598223/2023,...
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UPC
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Recent cases
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Other procedural aspects
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Revocation
UPC Refuses to Admit Further Amendment Requests
08 April 2024
Meril Italy v Edwards Lifesciences UPC_CFI_255/2023 (Revocation action at Paris Central Division) Order of 28 February 2024 (ORD_7283/2024)[1] This order relates to the action brought by Meril Italy...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Other procedural aspects
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Revocation
C-KORE v Novawell Follow-up to the evidence preservation order: Paris Local Division explains the rules for reviewing such an order
08 April 2024
Procedural order of 1 March 2024 (UPC_CFI_397/2023) As previously mentioned, C_KORE Systems Limited ("C_KORE") is the proprietor of the patent EP 2265793 relating to the testing of subsea apparatus...
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UPC
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Recent cases
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Preservation of evidence
Joining a party
13 March 2024
Seoul Viosys., Ltd v Laser Components SAS (UPC_CFI_440/2023) Order dated 12 February 2024 (ORD_3311/2024) In this infringement case before the Paris Local Division the defendant, Laser Components...
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UPC
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Recent cases
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Appeal
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Intervention
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Other procedural aspects
Looking out for the little guy: the UPC’s approach on ordering security for costs on SMEs
11 March 2024
Plant-e Knowledge B.V. & Plant-e B.V v. Arkyne Technologies S.L. (UPC_CFI_239/2023) Order delivered on 13 February 2024 (ORD_586897/2023) Background The proceedings in this case are an infringement...
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UPC
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Recent cases
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Security for costs
Should a stay be ordered?
08 March 2024
10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...
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UPC
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Recent cases
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Appeal
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Suspension (stay) of proceedings
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
07 March 2024
In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...
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UPC
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Recent cases
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Appeal
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Inventive step
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Provisional injunction
A caution on the availability of extensions
05 March 2024
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...
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UPC
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Recent cases
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Revocation
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Time limits
Access to documents – representation
20 February 2024
Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...
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UPC
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Recent cases
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Access to documents
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Representation
Other Case Reports
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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
CHINA TANG vs CHINA TANG
25 February 2022
In a clash of a Cantonese restaurant called CHINA TANG and a Chinese takeaway also called CHINA TANG, the former succeeds.Background The Claimants in this case run a Cantonese restaurant called...
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Trademarking
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Litigation
Neurim v Mylan – Is it finally all wrapped up or is the door still open for round 3?
23 February 2022
Following on from Mr Justice Meade's judgment on the preliminary issues in the re-match between Neurim (and Flynn) and Generics (UK) Ltd (now trading as Viatris but formerly Mylan) concerning a...
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Oppositions
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Litigation
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Life
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Patenting
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