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Case Reports

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Every UPC, EPO and national court decision our fee earners have written up — now filterable by the same 40+ tags they already use to classify each report, plus the court and industry sector behind it.

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Double/twofold “appropriateness-test” applied by Local Division The Hague in Procedural Order concerning R. 109 RoP

01 August 2024

Szymon Spyra v. Amycel LLC (UPC_CFI_195/2024) Procedural Order delivered on 25 June 2024 (ORD_35405/2024) In a procedural order from the UPC, the Local Division The Hague has decided on a...

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Paris central division maintains Edwards patent in amended form

30 July 2024

Meril Italy Srl and two other Meril entities v Edwards Lifesciences Corporation (revocation action UPC_CFI_255/2023 and counterclaims for revocation UPC_CFI_15/2023) Decision of 19 July 2024...

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UPC
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Amendments and subject matter extensions
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No Country for New Laws

22 July 2024

Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the...

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Digital
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€325 million Funding for Semiconductor Research and Innovation in the UK and the EU

09 July 2024

Europe's Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M.

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Ampliphy
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Digital
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Patenting
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Paris local division revokes DexCom patent

05 July 2024

DexCom, Inc. v Abbott Laboratories and nine other Abbott entities (UPC_CFI_230/2023) Decision of 4 July 2024 (ORD_37297/2024) [1] The second decision on the merits from the UPC, following just a day...

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UPC
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Düsseldorf Local Division issues the first UPC decision on the merits and grants injunction in seven UPC member states

04 July 2024

Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG (UPC_CFI_7/2023) Decision of 3 July 2024 (ORD_598324/2023 [1]) concerning EP 3 375 337 B1 Franz Kaldewei GmbH & Co.

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Infringement
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Novelty
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Abbott v. Sibio: a tale of two applications for provisional measures

26 June 2024

The Hague Local Division of the Court of First Instance of the UPC has recently issued two decisions concerning provisional measures involving the same parties - the Patentee Applicant, Abbott...

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UPC
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Provisional injunction
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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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Appeal
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Opt out
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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
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An Ocean Apart – Differences in US and EPO claim interpretation

04 June 2024

Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of...

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Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing

03 June 2024

The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer's appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of...

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Litigation
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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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Suspension (stay) of proceedings
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T 0192/22 - Is a first medical use claim a magic bullet?

31 May 2024

The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio's EP 3318248 B1 at the oral proceedings held in March,...

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Oppositions
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Life
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Patenting
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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
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T 1762/21 – The EPO Board of Appeal Clarifies the Term “Inextricably Linked” When Assessing an Intermediate Generalisation

24 May 2024

A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how "intermediate generalisations" are assessed for added matter.

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EPO
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