Case Reports

Two recently published judgments from the Unified Patent Court clarify how requests for confidentiality, both in respect to parties to the proceedings and in respect of third parties, are handled.

SES-imagotag SA v Hanshow Technology Co. Ltd. and others UPC_CFI_292/2023 Order of 20 December 2023 (ORD_596193/2023)[1] SES-imagotag is the proprietor of EP 3883277, which had been opted out of the...

Panasonic Holdings Corporation v Xiaomi Technology Germany GmbH & 9 Others (UPC_CFI_219/2023) Order of 8 December 2023 The Claimant argues that defendants 1, 2, and 8 based in China and 7 based in...

Fives ECL, SAS v REEL GmbH (UPC_CFI_274/2023) Order of 17 November 2023 On 8 August Fives ECL, SAS ("Fives") lodged in hard copy a claim for the determination of damages.

Astellas Insitute for Regenerative Medicine v Healios KK and Osaka Univerity (UPC_CFI_80/2023) Order of 20 November 2023 On 1 June 2023, Astellas Institute for Regenerative Medicine ("Astellas")...

10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional...

Meril Italy srl v Edwards Life Sciences Corporation (551308/2023; UPC_CFI_255/2023) Order of 13 November 2023 (ORD_578356/2023) Background On 1 June 2023 Edwards Lifesciences Corporation ("Edwards")...

CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb...

The Milan Local Division has granted an inspection order[1] pursuant to Rules 192-199 RoP, the first order granted by the UPC allowing inspection of a defendant's premises.

NanoString Technologies Europe Limited v President and Fellows of Harvard College (UPC_CFI_252/2023) Decision delivered on 30 October 2023 (Order no.

Plant-e Knowledge B.V. & Plant-e B.V. v Arkyne Technologies S.L. Order of 18 October 2023 (ORD_581189/2023) The claimants, two Netherlands companies, ("Plant-e") launched an infringement action on 12...

AIM Sport Vision AG v Supponor Oy & Others (UPC_CFI_214/2023) Decision of 20 October 2023 (ORD_572699/2023 and ORD_5821/2023) Facts & Main Arguments These proceedings before the Unified Patent Court...

myStromer AG v Revolt Zycling AG Düsseldorf Local Division Order of 18 October (ORD_526778/ 2023)[1] Following its first ex parte provisional injunction[2], the UPC (Düsseldorf Local Division)...

Ocado Innovation Limited v Autostore AS & Others – Order of 17 October 2023 (ORD 543819/2023) In September we reported on two judgments by Munich Central Division refusing requests for access to...

Order ORD_576853/2023 [1] dated 29 Sept 2023 by Local Chamber Munich (Presiding Judge and Rapporteur Mr. Zigann) in the case Edwards Lifesciences Corp. vs. Meril GmbH and Meril Life Sciences Pvt. Ltd.

BackgroundAs shown by the figure above, the applications in question are European stage of an application under the Patent Cooperation treaty (PCT) and its divisional applications.

ASR Interiors Limited v 1) AWS Trading Limited and 2) Giatalia International LimitedA design rights case that provides an example of the wrong way to give video evidence.

In a clash of a Cantonese restaurant called CHINA TANG and a Chinese takeaway also called CHINA TANG, the former succeeds.Background The Claimants in this case run a Cantonese restaurant called...

Following on from Mr Justice Meade's judgment on the preliminary issues in the re-match between Neurim (and Flynn) and Generics (UK) Ltd (now trading as Viatris but formerly Mylan) concerning a...

A design, which is no doubt familiar to most readers, has been held invalid by Recorder Douglas Campbell QC in a recent IPEC decision (here).BackgroundThe Claimant, Mr Erol, brought a claim against...

This judgment concerns a three-fold application by the Defendants (together "KnitPro") brought in the context of a long running trade mark dispute relating to knitting needles.

With a back catalogue to rival Bob Dylan, the latest development in the Neurim – Mylan battle over Mylan's generic melatonin product saw Mr Justice Meade referee the trial of preliminary issues in...

We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle left to clear was sufficient countries ratifying the Protocol on the Provisional...

In Fleur Tehrani v Hamilton Bonaduz AG & Ors [2021] EWHC 3457 (IPEC), heard before the Intellectual Property Enterprise Court, ("IPEC") the court conducted an assessment of the validity of a patent...

BackgroundOriginal Beauty (“Claimants”) alleged infringement of their unregistered design rights under UK and EU law and that the defendants had passed off their brand “Oh Polly” (“Defendants”) as a...

The Court of Appeal has upheld the first instance judgment in Penhallurick v MD5 Limited and agreed that MD5 Limited ("MD5") still owns the copyright of the works in this dispute; and thus dismissing...

On 11 February 2021, the High Court ruled in favour of the Duchess of Sussex, Meghan Markle, in her dispute against Associated Newspapers over the publication of a number of articles in ‘The Mail on...

IntroductionThe recent decision of the UK Supreme Court in the Unwired Planet v Huawei, and Conversant v Huawei & ZTE appeals which affirmed the UK court's jurisdiction to determine global FRAND...

Neurim has been allowed to continue its case in the UK, in which it is seeking an injunction against Defendant Mylan for selling its generic melatonin product, which Neurim says infringes its...

The UK High Court maintained "external eyes only" protection for a class of documents central to the Claimants' loss of profits claim in an inquiry as to damages.