Case Reports

Procedural order of 1 March 2024 (UPC_CFI_397/2023) As previously mentioned, C_KORE Systems Limited ("C_KORE") is the proprietor of the patent EP 2265793 relating to the testing of subsea apparatus...

Seoul Viosys., Ltd v Laser Components SAS (UPC_CFI_440/2023) Order dated 12 February 2024 (ORD_3311/2024) In this infringement case before the Paris Local Division the defendant, Laser Components...

Plant-e Knowledge B.V. & Plant-e B.V v. Arkyne Technologies S.L. (UPC_CFI_239/2023) Order delivered on 13 February 2024 (ORD_586897/2023) Background The proceedings in this case are an infringement...

10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...

In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...

ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...

Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...

In this article we discuss two cases which address financial penalties for breach of confidentiality. Krauss-Maffei Extrusion GmbH v Troester GmbH & Co KG (UPC_CFI_181/2023) Order of 27 December 2023...

Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order of Court of Appeal on 11 January 2024 (UPC_CoA_486/2023); Appeal against ORD_588901/2023 dated 11 December 2023 Huawei sued...

Sanofi-Aventis Deutschland GmbH & Ors v Amgen Inc (UPC_CFI_1/2023) Order dated 24 January 2024 (ORD_2233/2024) The pleadings in this revocation action had progressed to the rejoinder by defendant...

Background In a dispute between Aarke AB, a Swedish company, and SodaStream Industries Ltd, an Israeli company, Aarke, as the defendant to infringement proceedings, successfully applied to change the...

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...

Ortovox Sportartikel GmbH vs Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 11 December 2023[1] Introduction Ortovox Sportartikel GmbH (in the following...

In the matter of an appeal by Ocado Innovation Limited and applications to intervene by (1) Mathys & Squire LLP and (2) Bristows (Ireland ) LLP Order of Court of Appeal dated 10 January 2024 By Order...

Order of 14 November 2023 (ORD_587064/2023) This was another successful application for preserving evidence, following those in the Oerlikon v Himson, Oerlikon v Bhagat Group, Jozef Frans Nelissen v...

In its judgement of 18 October 2011, the Court of Justice of the European Union (CJEU) has confirmed that human embryonic stem cells (hESCs) do not constitute patentable subject matter, given the ban...

The judgment of the Supreme Court in Lucasfilm v Ainsworth [2011] UKSC 39, has both confirmed earlier judgments as to when a three-dimensional item may not be protected by copyright as a work of...

In May 2011, a review, entitled “Digital Opportunity: A Review of Intellectual Property and Growth” (commonly known as “The Hargreaves Review”), was commissioned by the Government to assess whether...

A recent High Court judgement regarding Halliburton’s Patent Applications ([2011] EWHC 2508 (Pat)) signals a new development in the way the UK Intellectual Property Office (UKIPO) handles subject...

In a recent High Court judgement involving Samuel Smith and Cropton breweries the Hon Mr Justice Arnold stressed on the importance of mediation for resolving disputes quickly and cost efficiently.

A Court of Appeal judgment in Schutz v Werit has clarified the effect on claims for costs of failing to register an exclusive licence.This judgment is a continuation of an earlier judgment, reported...

This case raised the question of the proper interpretation of a medical use (“Swiss”) claim, and confirmed that they will generally be interpreted in the same way as a “specific use” second medical...

A recent judgement from the Court of Justice of the European Union (CJEU) in case C-263/09P highlights the interplay between Community Trade Marks (CTM) and national rights.

One of the aspects arising from the judgment in Lundbeck v Infosint [2011] EWHC 907 (Pat) is the potentially narrow scope of prior use rights.

The law governing supplementary protection certificates (SPCs) is in theory harmonised within the EU. However, different interpretations have arisen with the result that there are presently nine...

The Patents County Court has handed down judgment ([2011 EWPCC 15) in a dispute between Albert Packaging Limited (“Albert”) and Nampak Cartons & Healthcare Limited (“Nampak”), regarding alleged...

A recent judgement in the Patents Court [2011] EWHC 907 (Pat) by the Hon Mr Justice Floyd has emphasised the importance of registering assignments and exclusive licences relating to European patents...

What is a 'Patent Box'? The Patent Box is a taxation scheme proposed for the UK. Under the Patent Box scheme companies will be able to apply a 10% rate of corporation tax for net profits arising from...

The European Patent Office (EPO) and the International Telecommunications Union (ITU), which creates Information and Communication Technology (ICT) standards, have announced that they have signed an...

This judgement by the Court of Justice of the European Union (CJEU) confirms that when a national court acting as a Community Trade Mark Court imposes measures to ensure compliance with a judgment,...