Case Reports

UPC Case Reports

Paris central division maintains cold chain monitoring patent in amended form
12 August 2024
Bitzer Electronics A/S v Carrier Corporation (UPC_CFI_263/2023) Decision of 29 July 2024 (ORD_598395/2023) [1] This decision concerns a revocation action brought at the Paris central division by...
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Inventive step
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Other procedural aspects
UPC Orders Provisional Injunction on Mushroom Strain
12 August 2024
Amycel LLC v Szymon Spyra (UPC_CFI_195/2024) Order of 31 July 2024 (ORD_44133/2024) [1] Amycel LLC is the proprietor of EP 1993350, which is directed towards a specific mushroom strain, defined by...
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Infringement
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Permanent injunction
Double/twofold “appropriateness-test” applied by Local Division The Hague in Procedural Order concerning R. 109 RoP
01 August 2024
Szymon Spyra v. Amycel LLC (UPC_CFI_195/2024) Procedural Order delivered on 25 June 2024 (ORD_35405/2024) In a procedural order from the UPC, the Local Division The Hague has decided on a...
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Paris central division maintains Edwards patent in amended form
30 July 2024
Meril Italy Srl and two other Meril entities v Edwards Lifesciences Corporation (revocation action UPC_CFI_255/2023 and counterclaims for revocation UPC_CFI_15/2023) Decision of 19 July 2024...
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Amendments and subject matter extensions
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Inventive step
Paris local division revokes DexCom patent
05 July 2024
DexCom, Inc. v Abbott Laboratories and nine other Abbott entities (UPC_CFI_230/2023) Decision of 4 July 2024 (ORD_37297/2024) [1] The second decision on the merits from the UPC, following just a day...
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Infringement
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Jurisdiction
Düsseldorf Local Division issues the first UPC decision on the merits and grants injunction in seven UPC member states
04 July 2024
Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG (UPC_CFI_7/2023) Decision of 3 July 2024 (ORD_598324/2023 [1]) concerning EP 3 375 337 B1 Franz Kaldewei GmbH & Co.
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Infringement
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Inventive step
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Novelty
Abbott v. Sibio: a tale of two applications for provisional measures
26 June 2024
The Hague Local Division of the Court of First Instance of the UPC has recently issued two decisions concerning provisional measures involving the same parties - the Patentee Applicant, Abbott...
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UPC
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Recent cases
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Jurisdiction
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Provisional injunction
Defective opt out allows revocation action to proceed at the UPC
13 June 2024
Toyota Motor Europe NV/SA v Neo Wireless GbmH & Co KG (UPC_CoA_79/2024) Appeal against Order no. 597664/2023[1] in case UPC_CFI_361/2023 of the Central Division, Paris seat Order of 4 June 2024...
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UPC
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Appeal
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Opt out
The Unified Patent Court Turns 1 - Discover the Impact
06 June 2024
Darren Smyth provides a summary of the first year of the UPC's operation.
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Analysis
UPC Court of Appeal guidance on stay
31 May 2024
BITZER Electronics A/S v Carrier Corporation (UPC_CFI_263/2023; UPC_CoA_22/2024) Order of 28 May 2024 (ORD_25123/2024)[1] Carrier Corporation is the proprietor of European Patent EP 3 414 708 valid...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Security for Costs
28 May 2024
Ballinno B.V. v Union des Associations Européennes de Football (UEFA), Kinexon GmbH and Kinexon Sports & Media GmbH (UPC_CFI_151/2024) Order of 14 May 2024 (ORD_23557/2024)[1] Ballinno B.V.
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UPC
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Recent cases
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Appeal
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Costs
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Security for costs
UPC rules it has jurisdiction in cases where a claim is brought in violation of a contract
23 May 2024
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH (UPC_CFI_589997/2023) Order of 10 May 2024 (ORD_7903/2024) [1] Tandem Diabetes Care, Inc & Tandem Diabetes Care...
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Jurisdiction
UPC allows intervention by Licensee
22 May 2024
Seoul Viosys Co., Ltd. v. expert klein GmbH, expert e-Commerce GmbH (UPC_CFI_363/2023) Order of 22 April 2024 (ORD_5343/2024)[1] Seoul Viosys sued expert klein GmbH and expert e-Commerce GmbH for...
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UPC
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Basic
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Infringement
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Intervention
Interpretation allowed only at party’s own cost
21 May 2024
CEAD B.V. & CEAD USA B.V. v BEGO Medical GmbH (UPC_CFI_367/2023) Order of 10 May 2024 (ORD_24708/2024)[1] The UPC is an international system in which a large number of languages may be employed, and...
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UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup
17 May 2024
VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused...
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Provisional injunction

Other Case Reports

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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