Case Reports
UPC Case Reports
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc.
25 June 2025
UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the...
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Time limits
Provisional Injunction Denied for Small Molecule Kinase Inhibitor
19 June 2025
Zentiva Portugal, LDA v. Boehringer Ingelheim International GMBH (UPC_CFI_41/2025 relating to EP1830843) Court of First Instance Order dated 8 May 2025 ORD_18599/2025 [1] Summary The Application for...
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UPC Opines on Second Medical Use Claims
17 June 2025
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc.,v Amgen Inc. and others UPC_CFI_505/2024 Decision of 13 May 2025 ORD_598583/2023 This decision from the Düsseldorf Local Division sets out for...
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Claim interpretation
XSYS Germany GmbH & ors. v. Esko-Graphics Imaging GmbH
17 June 2025
Decision of 2 June 2025 (Order no. ORD_23545/2025) Ekso originally brought infringement proceedings against XSYS in respect of its EP 3 742 231 patent, relating to a method of curing photo-curable...
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Recent cases
The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
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...
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Analysis
Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
23 May 2025
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair.
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Court of Appeal Upholds Decision on Provisional Measures
20 May 2025
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background...
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UPC
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Recent cases
AGFA fails in its infringement claim against Gucci
15 May 2025
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA's patent EP3388490, which relates to decorating...
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Claim interpretation
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Infringement
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Revocation
Printing plates case displays practical points to consider in Fujifilm V Kodak
09 May 2025
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between...
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UPC
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Recent cases
Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
09 May 2025
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel...
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UPC
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Recent cases
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Security for costs
Provisional injunction denied for clay-based haemostatic agent
01 May 2025
Teleflex Life Sciences II LLC v Speed Care Mineral GmbH (UPC_CFI_701/2024 relating to EP2007811) Order of 21 February 2025 (ORD_ 68880/2024)[1] Application for preliminary injunction refused.
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UPC
Mammaoet Holding B.V. v P.T.S. Machinery B.V.
28 April 2025
(UPC_CFI_16/2025) Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22 January 2025 regarding the preserving of evidence This is a decision on the preservation...
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UPC
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Recent cases
UPC rules on scope of product by process features in claims
28 April 2025
Yellow Sphere Innovations GmbH, Erwin Härtwich v Knaus Tabbert AG UPC_CFI_50/2024 Decision of 10 April 2025 (ORD_68984/2024[1]) This decision from the Düsseldorf local division has a number of...
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Damages
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Infringement
Security for Costs Application
28 April 2025
Emboline, Inc. v AorticLab srl (UPC_CFI_628/2024) Order of 16 April 2025 (ORD_9097/2025)[1] The LD Munich has recently provided some guidance on when security for costs will be available as well as...
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UPC
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Recent cases
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Costs
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Security for costs
Application for a preliminary injunction refused
24 April 2025
Barco NV v Yealink Network Technology Co. Ltd. & Ors. (UPC_CFI_582/2024) Order of 21 March 2025 (ORD_68979/2024)[1] Barco is a company operating in the entertainment, enterprise and healthcare...
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Recent cases
Other Case Reports
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No declaration of non-infringement for Oh Polly no matter the colour
10 May 2021
Two form of order hearings have taken place in Original Beauty v G4K. In the first one, the Judge heard the Defendants’ request for a declaration of non-infringement and at the second the Judge...
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Decision in seed drill patent infringement IPEC hearing
27 April 2021
BackgroundClaydon Yield-O-Meter Limited (‘Claydon') and Mzuri Ltd (‘Mzuri') both manufacture and sell agricultural equipment, including seed drills.
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Eminem’s First Record Label Fails to Stand Up and Succeed Fully in Damages Claim
27 April 2021
Last week, the Intellectual Property Enterprise Court ("IPEC") heard the trial of quantum in the claim between F.B.T. Productions, LLC ("FBT") and Let Them Eat Vinyl Distribution Limited ("LTEV") for...
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UK Court of Appeal hands down judgment in trade mark disputes between Gymnastics associations
12 April 2021
UK Gymnastics Ltd & Ors v British Amateur Gymnastics Association [2021] EWCA Civ 425 (24 March 2021)The Court of Appeal recently gave its judgment in a trade mark and passing off dispute between...
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Original Beauty’s originality not passed off by Oh Polly
01 April 2021
In Original Beauty v G4K, the High Court takes a closer look at when using someone else’s garment when designing your own stops being a source of inspiration and becomes an act of outright copying.
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Rare EPO decision regarding biological deposits and biological material used in an invention being "available to the public"
29 March 2021
In decision T1045/16, EPO Technical Board of Appeal considered whether a patent relating to virus-resistant melons met the requirements of Article 83 EPC.
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UK High Court rules that an argument for equivalents needs more than just a “Like” in Facebook v Voxer
29 March 2021
At a pre-trial review (“PTR”), heard on 19 March 2021, Lord Justice Birss, sitting down from the Court of Appeal, had to decide whether an infringement case based on the doctrine of equivalents which...
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Protecting Artificial Intelligence Inventions in the UK
25 March 2021
Last year, the UK IPO called for views on the relationship between Artificial Intelligence (AI) and the intellectual property (IP) system. On 23 March 2021, the UK IPO published their response to the...
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EPO Revocation helps Mylan sleep Neurim’s win from right under them
16 March 2021
In the latest bout between Neurim v Mylan in this pharmaceutical patent case concerning the treatment of insomnia and what looks to be Round 5 in the court room, on 12 March 2021, the English Patents...
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Reality check for patenting computer-implemented simulations at the EPO
15 March 2021
In its decision G1/19 (Simulations), the Enlarged Board of Appeal of the EPO has confirmed that it is business as usual when assessing the patentability of computer-implemented inventions, even when...
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UK Patent Box scheme set to become an even more valuable tax benefit
12 March 2021
The UK Patent Box scheme is set to become an even more valuable tax benefit in the near future. With Chancellor Rishi Sunak's announcement of higher corporate tax rates from 2023, larger and more...
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Ocado permitted to make committal application against solicitor for contempt of court
01 March 2021
Ocado Group PLC & Anr v Raymond John McKeeve [2021] EWCA Civ 145Court of Appeal overturns first instance judge and allows application to commit solicitor for contempt of courtThis is an appeal...
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Court of Appeal adopts narrow interpretation of Crown use defence in IPCom v Vodafone
23 February 2021
IPCom GmbH v Vodafone Group plc & Ors [2021] EWCA Civ 205This case involves a dispute between IPCom, an intellectual property licensing company, and Vodafone, the well-known telecommunications...
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HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
23 February 2021
Penhallurick v MD5 Limited [2021] EWHC 93 (IPEC) 15 February 2021This case demonstrates the importance of understanding how work undertaken for an employer shapes copyright ownership and, ironically,...
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EIP Trademark team recognised by WTR 1000 2021
16 February 2021
EIP has been highlighted as one of the world’s leading trademark specialists in the 2021 edition of WTR 1000.Researchers for WTR 1000, published annually by World Trademark Review, references EIP’s...
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