Case Reports
UPC Case Reports
First appeal decision from the UPC
19 October 2023
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...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Service of actions
Jozef Frans Nelissen v OrthoApnea S.L. Order of 21 September 2023
18 October 2023
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...
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UPC
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Recent cases
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Preservation of evidence
10x Genomics not successful second time around
12 October 2023
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...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Provisional injunction
Termination of Proceedings
03 October 2023
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.
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UPC
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Recent cases
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Costs
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Withdrawal of an action
Determining Date of Service and Corresponding Time limits
28 September 2023
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...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
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Time limits
Injunction granted in 10x Genomics v NanoString
27 September 2023
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...
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UPC
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Recent cases
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Infringement
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Inventive step
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Novelty
When can third parties obtain access to written pleadings and evidence at UPC?
22 September 2023
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.
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UPC
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Recent cases
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Access to documents
Extension of time limit for statement of defence
20 September 2023
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,...
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UPC
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Recent cases
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Time limits
Who is first to file?
15 September 2023
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...
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UPC
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Analysis
First to file at the UPC
15 September 2023
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...
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UPC
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Recent cases
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Jurisdiction
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Other procedural aspects
Terminology at the Unified Patent Court
12 September 2023
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...
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UPC
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Analysis
UPC Exceptionally grants extension of time limit for preliminary objection
04 September 2023
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,...
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UPC
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Recent cases
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Time limits
Provisional Injunction granted by the Unified Patent Court
29 August 2023
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...
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UPC
Orders to Preserve Evidence granted by the Unified Patent Court
22 August 2023
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...
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UPC
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Recent cases
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Preservation of evidence
Early statistics regarding interest in unitary patent protection
04 August 2023
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...
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UPC
Other Case Reports
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Referrals to the Enlarged Board of Appeal over procedural matters: a good use of EBA resources?
18 June 2012
In a recent IPKat post, Darren Smyth ponders whether the Boards of Appeal of the European Patent Office should be referring cases to the Enlarged Board of Appeal on matters of procedural...
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Smith & Nephew v Convatec Technologies
15 June 2012
Darren's Smyth's latest IPKat post concerns an action by Smith & Nephew to revoke a patent owned by Convatec Technologies for antimicrobial wound dressings impregnated with silver.
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'Tomato' patent case at the EPO results in second referral to the Enlarged Board
07 June 2012
The European Patent Office (EPO) has referred a case relating to dried tomatoes to the Enlarged Board of Appeal for a second time.In his latest IPKat post, EIP's Darren Smyth discusses the most...
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Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – guidance on litigation before the Patents County Court
20 April 2012
In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for...
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Registered Community Designs: reasons for refusal
19 April 2012
The OHIM has begun publishing information about Registered Community Design applications that have been refused.The designs themselves are not shown, but the grounds for refusal are now being made...
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Sanofi-Aventis patents on cancer drug Taxotere declared invalid
11 April 2012
Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.
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Samsung v Apple tablet battle hits the UK
05 April 2012
The ongoing dispute between Apple and Samsung over Apple's Registered Community Designs for its iPad has now entered the UK courts.Darren Smyth's latest IPKat post relates to a decision of Mr Justice...
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Poland's law on cheap drugs declared contrary to EU law
03 April 2012
A Polish law which allowed the sale of unapproved drugs which were cheaper than those approved has been declared contrary to EU law.The decision by the Court of Justice of the European Union is...
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Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc
29 March 2012
In today's IPKat, Darren Smyth analyses the decision in Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc, a case which started as an action for a declaration of invalidity of...
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AstraZeneca patent revoked for obviousness
29 March 2012
In a decision on 22 March in Teva and ors v AstraZeneca concerning a patent on a sustained release formulation of an anti-psychotic drug, Mr Justice Arnold revoked the patent due to obviousness.
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UK Government confirms Patent Box scheme
27 March 2012
Chancellor George Osborne confirmed in his 2012 Budget that the proposed Patent Box scheme will go ahead.When fully phased in, the rate of Corporation Tax on profits attributed to patents will be 10%.
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EPO publishes draft version of revised Guidelines for Examination 2012
26 March 2012
The European Patent Office (EPO) has published the draft version of revised Guidelines for Examination 2012 online.Partner Darren Smyth casts his eye over the draft version in his latest IPKat post.
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Compulsory licensing in India – Must products be manufactured locally?
16 March 2012
The first compulsory licence of an Indian patent since the TRIPS regime was implemented in India has been awarded. Although the licence relates to a pharmaceutical product, the grounds on which the...
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TRIPS and compulsory licensing
15 March 2012
Following on from his IPKat post about India granting its first compulsory licence, Darren Smyth explores what limitations the TRIPS agreement puts on compulsory licensing in his latest blog.
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India grants first compulsory licence
14 March 2012
The first compulsory licence has been granted by the Controller of Patents Mumbai.The application concerns the anti-cancer drug Sorafenib, a patented drug owned by Bayer Corporation.
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