Case Reports
UPC Case Reports
Philips successfully asserts wireless charging patent at the UPC
23 October 2024
Koninklijke Philips N.V. v. Belkin GmbH, Belkin Limited, Belkin International, Inc. (UPC_CFI_390/2023) Decision of 13 September 2024 (ORD_598464/2023)[1] Philips asserted their patent EP 2867997[2],...
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Infringement
Intervention by patent pool administrator permitted
22 October 2024
NEC Corporation v TCL Communication Technology Holdings Ltd. & Others (UPC_CFI_153/2024) Order dated 2 October 2024 (ORD_46842/2024)[1] NEC Corporation ("NEC") sued seven companies within the TCL...
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Intervention
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Representation
Lisbon Local Division Refuses Provisional Injunction due to Delay
21 October 2024
Telefonaktiebolaget LM Ericsson v Asustek Computer Inc, Arvato Netherlands B.V., Digital River Ireland Ltd. (UPC_CFI_317/2024) Decision of 15 October 2024 (ORD_52116/2024[1]) This judgment relates to...
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Provisional injunction
UPC rules that in house lawyers cannot act as UPC representatives
16 October 2024
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_CFI_164/2024) Order of 16 September 2024 (ORD_41174/2024)[1] This decision of the Paris Central Division of the UPC arose in...
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UPC
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Representation
Central Division (Paris seat) issues the first decision by default in a revocation proceeding
14 October 2024
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. (UPC_CFI_412/2023) Order dated 16 September 2024 (ORD_51965/2024) concerning EP 2 796 333 The patent in suit EP 2 796 333 relates to...
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UPC
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Revocation
UPC Court of Appeal Confirms Provisional Injunction for Ortovox
04 October 2024
Mammut vs Ortovox Court of Appeal Luxembourg Order of 25 September 2024 [1] UPC_CoA_182/2024, APL_21143/2024 Introduction In its order dated 09 April 2024, the Düsseldorf Local Division reviewed the...
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Appeal
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Infringement
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Provisional injunction
Hamburg Local Division grants ex parte provisional injunction based on exhibition at IFA trade fair 2024 in Berlin
26 September 2024
Koninklijke Philips N.V. v Shenzhen Yunding Information Co., Ltd. (UPC_CFI_516/2024) ORD_50890/2024 dated 9 September 2024 concerning EP 3 197 316 After visiting trade fair IFA 2024, which started on...
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UPC
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Provisional injunction
UPC LD Munich further defines the limits for issuing a preliminary injunction
25 September 2024
Syngenta v Sumi Agro UPC_CFI_201/2024 Order dated 27 August 2024 ORD_47657/2024[1] Syngenta Limited ("Syngenta") applied for a preliminary injunction against Sumi Agro ("Sumi").
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UPC
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Provisional injunction
UPC Orders Provisional Injunction in relation to barcode reading software
10 September 2024
Hand Held Products, Inc. v Scandit AG UPC_CFI_74/2024 Order of 27 August 2024 ORD_46277/2024[1] The claimant Hand Held Products, Inc. is the proprietor of EP3866051, registered as a Unitary Patent,...
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UPC
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Intervention
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Inventive step
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Provisional injunction
UPC Court of Appeal Clarifies Jurisdiction on indirect infringement
10 September 2024
Aylo Premium Ltd, Aylo Billing Limited and Aylo Freesites Ltd v Dish Technologies and Sling TV UPC_CoA_188/2024 Order of 3 September 2024 ORD_42716/2024[1] Dish is the proprietor of EP 2479680 and...
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UPC
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Jurisdiction
UPC Refuses Provisional Injunction finding imminent infringement not substantiated
09 September 2024
Novartis AG and Genentech, Inc. v Celltrion Inc. UPC_CFI_166/2024 Novartis AG and Genentech, Inc. v Celltrion Healthcare Hungary Kft., Celltrion Healthcare Deutschland GmbH, Celltrion Healthcare...
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UPC
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Infringement
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Jurisdiction
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Provisional injunction
UPC Jurisdiction over Ireland: Not so fast says Court of Appeal
22 August 2024
On 19 August 2024, the Court of Appeal (CoA) of the Unified Patent Court issued its order (UPC_CoA_388/2024 APL_39884/2024) on an application for suspensive effect in the appeal by Sibio Technology...
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UPC
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Appeal
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Provisional injunction
Mannheim Local Division Finally Dispenses with Service by Hague Procedure
15 August 2024
Panasonic Holdings Corporation v Xiaomi H.K. Limited (UPC_CFI_330/2024, UPC_CFI_332/2024 and UPC_CFI_335/2024) Orders of 1 August 2023 (ORD_44601/2024, ORD_44597/2024, ORD_44656/2024)[1] Panasonic...
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UPC
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Service of actions
Costs orders at UPC
14 August 2024
Two recent decisions highlight procedural points to be aware of when seeking costs. VusionGroup SA (formerly SES-imagotag SA) v Hanshow Germany GmbH & Ors (UPC_CFI_292/2023; UPC_COA_1/2024) Court of...
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Appeal
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Costs
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Provisional injunction
Steps needed following evidence preservation order
13 August 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023; UPC_COA_177/2024) Court of Appeal Order dated 23 July 2024 (ORD_36778/2024) [1] Progress Maschinen &...
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UPC
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Appeal
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Preservation of evidence
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Time limits
Other Case Reports
Internet video evidence as prior art? The EPO Boards of Appeal have views...
29 July 2022
Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO.
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Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!
01 July 2022
BackgroundOn 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are...
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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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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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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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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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Loneliness is more than just a bad feeling, it’s a strategy against Our Souls
09 May 2022
When I was asked to prepare something for Mental Health Awareness Week with the theme of “loneliness”, my first thought was “well I don’t ever feel lonely so what could I write” and thought I would...
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#MentalHealthAwarenessWeek: The true impact of loneliness
09 May 2022
All usual disclaimers apply – not a doctor, not a shrink, not remotely qualified, not talking about how I know a lot of this.Loneliness sucks.
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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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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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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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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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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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