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Darren Smyth's time as IPKat guest blogger comes to an end

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July 2, 2012
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Partner Darren Smyth's role as one of the IPKat's guest bloggers has come to a conclusion after six months.

He will continue to post intermittently to the IPKat and more regularly to his Blog on EIP Elements. As his farewell post, Darren summarised selected EPO Boards of Appeal decisions from March to June.


Recent Case Reports

See all Case Reports

Bringing enforcement proceedings while an appeal is still pending risks liability for defendant’s costs
24 September 2026
The Court of Appeal held that setting aside a first-instance decision granting relief subject to recurring penalties generally has retroactive effect. Any penalty fees already paid will be refunded by the Court. The value of proceedings is determined by the interest of the party that brought the action. This is not changed as a result of an appeal. A claimant bringing enforcement proceedings while an appeal is still pending does so at its own risk and may be liable for the defendant’s costs related to the enforcement proceedings.‍
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Replacement parts and the value of asserting a narrower claim combination
17 July 2026
The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.
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Preliminary objection on jurisdiction partially successful – UPC clarifies requirements of anchor-defendant jurisdiction for non-UPC territories
25 June 2026
The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.
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