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UPC Case Reports

Clarification of international jurisdiction
26 March 2026
The UPC Court of Appeal has clarified that where jurisdiction is based on Article 7(2) of the Brussels Regulation (place of harm), it is limited to damage occurring within UPC territory. In Keeex v Adobe, the Court set aside the Paris Local Division’s decision to hear infringement claims relating to non‑UPCA states, confirming that broader territorial reach requires satisfaction of the strict conditions under Article 71b(3).
Language protections don’t bite if you have a website
25 March 2026
In KeyMed v PR Medical, the Milan Local Division of the Unified Patent Court rejected a preliminary objection seeking to change the language of proceedings from English to Italian under Rule 14.2(b) RoP. Although the defendant was an Italian company and the action was brought before the Italian local division, the court held that the language protection did not apply because the alleged infringement was not confined to Italy.
Long arm not available for amended patent
02 March 2026
IMC Créations is a French company specialising in anti-theft systems for vehicles, particularly commercial vehicles. Among other things, it sells locks for the side and rear doors of commercial vehicles. Mul-T-Lock belongs to the Assa Abloy group and specialises in high security locking and access control systems, in particular pick-resistant keys and locks. IMC alleged that Mul-T-Lock’s MPV 1000 padlock infringes its unitary patent EP4153830 and the corresponding Swiss national validation.

Other Case Reports

Litigants in person and IP risk: Lessons from Banham v Rogers
26 March 2026
The High Court’s judgment in Banham v Rogers provides a stark warning for SMEs defending intellectual property claims without professional advice. Acting as a litigant in person, the defendant misunderstood key technical issues, failed to comply with procedural requirements, and mismanaged correspondence and evidence. These cumulative errors left the court with no realistic defence to consider, leading to summary judgment and public reputational damage. The case underlines the importance of obtaining specialist IP advice at an early stage to avoid avoidable and compounding litigation risks.
R.262A applications required to maintain confidentiality in UPC Proceedings
03 March 2026
The Court of Appeal clarified the necessity of formal applications to maintain confidentiality in Unified Patent Court (UPC) proceedings when disclosing ordered information. This ruling arose from a dispute involving patent infringement and confidentiality claims between EOFlow and Insulet.
Court of Appeal gives Babek’s trade mark a gold star for validity
18 December 2025
The Court of Appeal upheld the validity of Babek International Ltd’s trade mark after Iceland Foods Ltd challenged its registration. The judgment clarified that a trade mark must be a single, clearly and precisely represented sign capable of distinguishing goods or services. The court found that Babek’s mark met these requirements, rejecting arguments about lack of clarity and permissible variations. Iceland’s appeal was dismissed, affirming the trade mark’s validity and providing guidance on interpreting trade mark descriptions and representations.
EIP recognsied for strategic leadership in patent law at the Professional Services Management Excellence Awards
26 March 2026
EIP has been recognised with two Professional Services Management Excellence Awards 2026, including Excellence in Strategic Leadership and Best in Theme: Leadership. The awards reflect the firm’s commitment to aligning patent expertise with commercial insight, strengthening leadership across the firm and delivering patent strategy that supports investment, growth and high‑value business decisions.
EIP promotes Callum Docherty to Principal in the US
19 March 2026
EIP is pleased to announce the promotion of Callum Docherty to Principal, recognizing his substantial contribution to the firm’s international patent practice and his leadership within EIP’s growing US team.
EIP announces the promotion of Rob Barker to Partner
12 March 2026
EIP is pleased to announce the promotion of Robert Barker to Partner, recognising his significant contribution to the firm’s Digital, Chemistry, Life Sciences, and multidisciplinary patent practice since joining in 2014.
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