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Apple Intervenes in Confidentiality Appeals: UPC Court of Appeal Allows Intervention in Ericsson and Sun Patent Trust Cases
Apple (Intervener) in Ericsson v. AsusTek and Apple (Intervener) in Sun Patent Trust v. Vivo UPC_CoA_631/2025[1], UPC_CoA_632/2025[2], UPC_CoA_755/2025[3], and UPC_CoA_757/2025[4] – Orders of 23 September 2025 In a cluster of orders issued on...
UPC Infringement Actions: Is Speed Meeting Expectations?
The Expected Timeline The preamble to the Rules of Procedure sets out the lofty aim that “proceedings shall be conducted in a way which will normally allow the final oral hearing on the issues of infringement and validity at first instance to ta...
UPC Agreement Is Not EU Law, No Referrals to CJEU
expert v. Seoul Viosys, UPC_CoA_380/2025 Order of 20 August 2025 (ORD_22147/2025)[1] This order from the UPC Court of Appeal clearly states that the Court of Justice of the EU cannot be asked to interpret the UPC Agreement and Rules of Procedure. T...
Unconventional Service: igus v. Whale Technology
UPC_CFI_318/2025, decision of 5 August 2025 (ORD_34299/2025)[1] In a default judgment issued by the Düsseldorf Local Division of the Unified Patent Court, Whale Technology (Shanghai) Co., Ltd. was found to have infringed European Patent EP391224...
No breach of Inspection Order by Respondent who refused access
Centripetal Limited v. Palo Alto Networks, Inc. UPC_CFI_636/2025 Decision of 25 July 2025 (ORD_32958/2025[1]) A recent procedural issue in an infringement case before the Local Division in Mannheim has highlighted the importance of precision when r...
Edwards v Meril – The Interaction of Parallel UPC and EPO Proceedings
Edwards Lifesciences Corporation v. Meril Lifesciences PVT Limited et al. (UPC_CFI_380/2023) Decision of 21 July 2025 (ORD_598566/2023)[1] What happens when a European Patent Office opposition is pending at the same time as a UPC action? And what h...
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Analysis and Guidance
Unlocking UPC Success: A Five-Step Framework
What is the UPC? The UPC is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to European patents (unless they have been opted out), including unitary patents. Instead of litigating country-by-country,...
The UPC expands its jurisdiction limits by granting its first UK injunction
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH UPC_CFI_359/2023 and UPC_CFI_365/2023 Orders of 18 July 2025 The UPC has begun to shape the contours of European patent litigation following the landmark ECJ ...
The UPC two years on: Withdrawals of actions becoming prominent
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state of play. Statistics of Cases The tables below show t...
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...