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Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair. The application was made on day 2 of the trade fair and was refer...
Court of Appeal Upholds Decision on Provisional Measures
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background This decision concerns an appeal brought by Bi...
AGFA fails in its infringement claim against Gucci
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA’s patent EP3388490, which relates to decorating natural leather by applying a base coat “...
Printing plates case displays practical points to consider in Fujifilm V Kodak
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between Fujifilm and Kodak. In this case, Fujifilm sued ...
Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel manufacturers alleging infringement of its European p...
UPC rules on scope of product by process features in claims
Yellow Sphere Innovations GmbH, Erwin Härtwich v Knaus Tabbert AG UPC_CFI_50/2024 Decision of 10 April 2025 (ORD_68984/2024[1]) This decision from the Düsseldorf local division has a number of noteworthy issues, including how a “pro...
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Knowledgebase
Analysis and Guidance
The Unified Patent Court Turns 1 - Discover the Impact
Darren Smyth provides a summary of the first year of the UPC's operation.
Claim construction at the UPC
For a European patent to be granted, the claims must be “clear and concise”. However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity proceedings. In these cases, the scope of the c...
Terminology at the Unified Patent Court
The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the Case Management System, some issues of terminology a...
UPCA - Harmonisation of Infringement
Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across Europe[1], on the basis that, ostensibly: 1) Articles 25-2...
The UPC: I've done nothing about it - will it be okay?
Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC. Lodging an opt_out request before 1st June 2023 ensured that you ha...
Winds of Change: Taking Advantage of The New Unitary Patent
As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology. The new option of “Unitary effect” can provide a cost-effective route to protection in ma...