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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...
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 ...
Mammaoet Holding B.V. v P.T.S. Machinery B.V.
(UPC_CFI_16/2025) Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22 January 2025 regarding the preserving of evidence This is a decision on the preservation of evidence prior to commencement of proceedings ...
Security for Costs Application
Emboline, Inc. v AorticLab srl (UPC_CFI_628/2024) Order of 16 April 2025 (ORD_9097/2025)[1] The LD Munich has recently provided some guidance on when security for costs will be available as well as how to interpret the rules on eligibility to reque...
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...
Application for a preliminary injunction refused
Barco NV v Yealink Network Technology Co. Ltd. & Ors. (UPC_CFI_582/2024) Order of 21 March 2025 (ORD_68979/2024)[1] Barco is a company operating in the entertainment, enterprise and healthcare technology sectors which develops and markets audio...
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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...