Case Reports

Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 13 October 2023 (Order ref ORD_580110/2023) [1] Both Amgen and Sanofi-Aventis appealed an order [2] in which an extension of the deadline...

The UPC has published its third decision to preserve evidence (following the related Orders of 13 and 14 June 2023 in Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited and v Bhagat...

On the same day that the decision granting 10x Genomics a provisional injunction against NanoString on the basis of the unitary patent EP4108782 was announced (19 September 2023), there also took...

Ocado Innovation Limited v. Autostore AS Order of 11 September 2023[1] (Order ref ORD_571090/2023) Ocado filed an infringement action against Autostore on 2 June 2023 in the Milan local division.

Amgen Inc v Sanofi-Aventis Deutschland GmbH & Ors Order of 29 August 2023 (Order ref ORD_566193/2023)[1] This case arises from a difference of date of service on multiple defendants, and thus raises...

The UPC Local Division in Munich handed down a decision on 19 September 2023 following a hearing over two days on 5/6 September 2023, granting a provisional injunction against NanoString to restrain...

A judge of the Central court in Munich has recently considered a request by a third party for access to written pleadings and evidence under Rule 262.1(b) in two cases.

Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 23 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...

Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...

Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich...

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...

Edwards Lifesciences Corporation v. Meril GmbH and Meril Life Sciences Pvt Ltd. Order of 1 August 2023 Edwards Lifesciences Corporation (Claimant in the main action) is the proprietor of EP3646825,...

myStromer AG v Revolt Zycling AG, Order of 22 June 2023 and Order of 30 June 2023 [1] The UPC - Düsseldorf Local Division - has issued its first ex parte provisional injunction only recently...

Oerlikon Textile GMBH & CO KG v Himson Engineering Private Limited, Order of 13 June 2023 Oerlikon Textile GMBH & CO KG v Bhagat Group, Order of 14 June 2023 Just two weeks after the Unified Patent...

The EPO has recently added ‘Requests for unitary effect' to its Statistics & Trends Centre. The Statistics & Trends Centre provides a dashboard that now gives information about requests for unitary...

Environmental Recycling Technologies Plc v Upcycle Holdings Ltd [2013] EWPCC 4 – 5 February 2013.SummaryThis decision of the UK Patents County Court provides insight into the differences between UK...

This case ([2013] EWPCC 2), heard in the Patents County Court, concerns designs for electric shower units. Mira (the claimant) alleged that the Glee, Joy and Smile products, supplied by the defendant...

Over the past few months two actions concerning the validity and infringement of IPCom’s European Patent EP 1,841,268 (IPCom v Nokia (Claim No: HC 10 C01233) and HTC v IPCom (Claim HC 11 C02064))...

In October 2008 a factually complex trade mark infringement and passing off case, involving the interpretation of agreements under Italian Law, came before Mr Justice Arnold (Hotel Cipriani SRL & Ors...

Leno Merken BV v Hagelkruis Beheer BV (ONEL / OMEL)A test case cooked up by Benelux attorneys called into question one of the central tenets of the CTM system - that use of a CTM in just one member...

Partner Darren Smyth has made his first blog post for The IPKat following the announcement that he had become a full member of The IPKat team.

The applicability of the obvious to try question has been a thorny issue in UK patent law for some time, and the desire for a party seeking invalidity to apply this test has pervaded many recent...

(1) J.W. Spear & Sons Ltd (2) Mattel, Inc. & (3) Mattel UK Limited -and- ZYNGA, Inc. [2012] EWHC 3345 (Ch) – 28 November 2012.Arnold J’s summary dismissal of an infringement claim based on a UK trade...

In Marks and Spencer Plc v Interflora Inc [2012] EWCA Civ 1501, the Court of Appeal has effectively killed off what was a common place practice of adducing favourable evidence of confusion (or lack...

Liversidge v (1) Owen Mumford Limited (2) Abbott Laboratories LimitedIn April 2011, the claimant commenced patent infringement proceedings in the UK Patents County Court (“PCC”) against the...

A recent decision of the High Court has brought to a conclusion a dispute between Fine & Country Limited (F&C) and Okotoks Limited (formerly Spicerhaart Limited and part of the Spicerhaart Group of...

In the latest Eli Lilly v HGS ruling, the Court of Appeal has found HGS antibody claims to be sufficient, given the Supreme Court has already held the claims to be capable of industrial applicability.

The Patents Court has issued another judgment expressing dissatisfaction with the CJEU’s ruling in Medeva (C-322/10). In particular, the Court has held that in order to determine if a particular...

A High Court decision last month has provided guidance on how Article 110(1) of the Community Designs Regulation 6/2002/EC, which relates to the protection of designs for component parts of complex...

Woolley v Ultimate Products Ltd[2012] EWCA Civ 1038 (26 July 2012)Upholding a decision of the High Court, the Court of Appeal considered the effect of a licence, consumer confusion “the wrong way”...