Case Reports
UPC Case Reports
No breach of Inspection Order by Respondent who refused access
28 August 2025
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...
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UPC
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Recent cases
Edwards v Meril – The Interaction of Parallel UPC and EPO Proceedings
28 August 2025
What happens when a European Patent Office opposition is pending at the same time as a UPC action? And what happens if the EPO and UPC reach differing conclusions on the validity?
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UPC
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Recent cases
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Other procedural aspects
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Suspension (stay) of proceedings
Milan Central Division issues Decision by Default, Clarifying the Requirements
14 August 2025
EOFLOW v INSULET UPC_CFI_597/2024 Decision of 22 July 2025 (ORD_69390/2024[1] and ORD_69391/2024[2]) This decision, granting a decision by default against EOFLOW after EOFLOW declined to pay the...
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UPC
UPC Court of Appeal sets out criteria for evidence preservation and inspection orders
11 August 2025
UPC Court of Appeal sets out criteria for evidence preservation and inspection orders Valinea Energie SASU v Tiru SAS (UPC_COA_002/2025) and Maguin SAS v Tiru SAS (UPC_COA_327/2025) Court of Appeal...
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UPC
The UPC expands its jurisdiction limits by granting its first UK injunction
01 August 2025
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...
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UPC
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Analysis
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Recent cases
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Infringement
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Jurisdiction
UPC grants provisional injunction and clarifies intermediary liability
01 August 2025
Aesculap AG v Shanghai International Holding Corporation GmbH (Europe) (UPC_CFI_213/2025 relating to EP2892442B1) Order of 10 July 2025 (ORD_32728/2025 [1]) This Decision from the Düsseldorf Local...
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UPC
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Recent cases
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Provisional injunction
Brussels LD Grants Evidence Preservation and Inspection Order in Pertuzumab Biosimilar Dispute
29 July 2025
Genentech Inc. & F. Hoffmann – La Roche AG v Organon & Co, Organon Heist B.V. NV Organon & Shanghai Henlius Biotech Inc. (UPC_CFI_407/2025 and 408/2025) Orders dated 30 May 2025 (ORD_23125/2025 and...
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UPC
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Recent cases
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Preservation of evidence
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Evidence (general)
UPC Clarifies Time Limit Flexibility in Nanoval v ALD
29 July 2025
Nanoval GmbH & Co. KG v ALD Vacuum Technologies GmbH (UPC_CFI_63/2025 relating to EP3083107) Order of 22 July 2025 (ORD_25245/2025 [1]) This Decision from the Munich Local Division of the Unified...
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UPC
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Recent cases
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Time limits
Court of Appeal Clarifies UPC rules on decisions by default
25 July 2025
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation UPC_CoA_363/2025 Decision of 12 July 2025 ORD_32844/2025[1] The UPC Court of Appeal has corrected a lower court's misunderstanding...
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UPC
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Recent cases
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Infringement
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Security for costs
UPC Court of Appeal Clarifies Limits on Security for Costs in Emboline v. AorticLab
23 July 2025
In a significant ruling before the Unified Patent Court (UPC)[1], the Court of Appeal has clarified that a claimant in an infringement action cannot request security for costs from a defendant who...
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UPC
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Recent cases
UPC refuses extension of deadline for review of seizure order after refusal of service
22 July 2025
Sichuan Yuanxing Rubber Co., Ltd. and China Council for the Promotion of International Trade, Automotive Sub Council Order of 14 July 2025 (ORD_26742/2025 [1]) This article follows up on the UPC...
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UPC
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Recent cases
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Time limits
UPC grants ‘in absentia’ permanent injunction on agricultural tool
21 July 2025
Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604) Order of 25 June 2025 (ORD_17812/2025 [1]) This Decision from the Central Division of the Unified Patent Court...
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UPC
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Recent cases
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Permanent injunction
Applying Ocado, the UPC grants a R262 request to access CFI documents
09 July 2025
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...
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UPC
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Access to documents
UPC decides that the formalities of withdrawal of opt out do not matter
03 July 2025
Dolby International AB v. Epson France SAS UPC_CFI_77/2025 Order of 27 May 2025 ORD_18316/2025[1] The Hamburg Local Division of the UPC has decided that a withdrawal of opt out from the UPC is valid,...
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UPC
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Recent cases
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Jurisdiction
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Opt out
Paris Local Division rules on validity of juicer patent, scope of R. 19 RoP
27 June 2025
Hurom Co., Ltd v. NUC Electronics Co., Ltd, NUC Electronics Europe GmbH & Warmcook (UPC_CFI_163/2024) Order of 23 May 2025 (Order no. ORD_69293/2024[1] relating to EP 3 155 936) The Paris Local...
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UPC
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Recent cases
Other Case Reports
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Copyright infringement via hyperlinking?
04 May 2016
On 7 April 2016 Advocate General Wathelethas delivered his opinion in GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Dekker (Case C‑160/15).
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Cadbury loses another battle over its purple trade mark
03 May 2016
In 2013, as part of the longstanding battle over Cadbury’s protection for the colour purple, the Court of Appeal (Société Des Produits Nestlé S.
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Trunki appeal dismissed by the Supreme Court
21 March 2016
The Supreme Court has upheld the Court of Appeal’s decision that the Kiddee Case produced by PMS did not infringe Magmatic’s Registered Community Design for the Trunki suitcase, “the CRD”.
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University’s dispute with inventor highlights importance of establishing ownership of IP
14 January 2016
A recent decision at the UK Intellectual Property Office emphasises again how important it is to establish ownership of rights in inventions (particularly before the first patent application is...
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Jaguar Land Rover fails in attempt to register trademark for shape of its cars
02 December 2015
Jaguar Land Rover’s application to register an EU-wide trademark for the shape of one of their Land Rover cars has been rejected by the EU General Court.
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Scammers posing as Intellectual Property Office fined £500,000
25 November 2015
Scammers who deceived intellectual property owners by issuing fraudulent renewal letters and invoices have been fined the maximum £500,000 penalty by the Intellectual Property Enterprise Court...
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HMRC opens consultation on proposed changes to Patent Box
22 October 2015
A consultation has been announced by HM Revenue and Customs (HMRC) seeking the views of patent holders and interested parties on proposed changes to the UK Patent Box scheme.
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EU Trade Mark Reform – Key Proposals and Implications
17 August 2015
After years of debate, the European Parliament, European Council and European Commission have reached an agreement in relation to a new European Union trade mark reform package, which will provide a...
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Alibaba case highlights importance of filing trademarks in China
26 June 2015
Alibaba is the largest e-commerce platform in China, and one of the biggest in the world. Its co-founder, Jack Ma, is the richest man in China; he is often compared to Bill Gates and Steve Jobs by...
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Remember: A UK patent application may not finally lapse for many years!
08 April 2015
In a recent decision of the UK Intellectual Property Office, an applicant for a UK patent was allowed to file a response to an examination report (“office action”) more than 18 months after the due...
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Reform of UK Provisions on Groundless Threats of Patent Infringement
11 March 2015
In August 2013, I produced a short commentary regarding the decision of Mr Recorder Meade QC in SDL Hair Ltd v Next Row Ltd & Ors [2013] EWPCC 31, where Mr Meade was faced with the question of...
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Abuse of Process – Patentee does not have to assert all known means of infringement
14 January 2015
A decision from Mr Justice Birss inAdaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc[2014] EWHC 4194 has introduced additional complications for parties found to infringe a...
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Safeners can be active substances for purposes of supplementary protection certificates, says CJEU
07 August 2014
C‑11/13 Bayer CropScience AG v Deutsches Patent- und MarkenamtThe Court of Justice of the European Union rules that a supplementary protection certificate (SPC) can be granted in respect of a safener.
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Trademarks in sport
14 July 2014
A strong brand, and trademark protection, create business value. Indeed, intellectual property can become a company’s most valuable asset. Branding in sport is big business.
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Alice explained – US Supreme Court decision on computer-implemented inventions
01 July 2014
The question presented in Alice was whether claims directed to a computer-implemented scheme for mitigating “settlement risk” are patent eligible under 35 U. S. C. §101.
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