Case Reports

Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across...

The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023.

Today is Unitary Patent day!In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of...

After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...

Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC.

Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...

On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent...

The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.

Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...

The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.

Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...

The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.

The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.

An interesting "B" decision from Board 3.5.05 was published yesterday relating to the generation of new data from medical measurements being relied on for a technical effect.

Ballinno B.V. v UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH UPC_CFI_151/2024 Order of 3 June 2024 ORD_39782/2024[1] Whilst thoughts of Euro '24 may be starting to slip into the past...

Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the...

Europe's Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M.

Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of...

The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer's appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of...

The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio's EP 3318248 B1 at the oral proceedings held in March,...

A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how "intermediate generalisations" are assessed for added matter.

On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data.

Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor's appeal against the decision of Meade J in the High...

We previously reported on Bayer's application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity...

Judge Asked To Grant A 9/10 Day Interim Injunction to Protect Bayer's Anticoagulant Rivaroxaban Ahead of Main Judgment Pharmaceutical company, Bayer found success in its application seeking an...

First published by Process Engineering - February 2024 The world's population stands above 8 billion in 2024 and is still growing. That growth may be slowing down but nonetheless there may be another...

Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding...

Background The Claimant Seraphine Limited ("Seraphine") a maternity wear retailer had a trading relationship with the Defendant Mamarella GmbH ("Mamarella"), a German online retailer selling...