Case Reports

The Local Division Munich invalidated Promosome's licensed mRNA patent over Scripps' codon-optimisation method, then found BioNTech's Comirnaty vaccine would not have infringed the claims even had they been valid.

The Court of Appeal gave guidance on defending dependent claims, relying on EPO central limitation during UPC proceedings, and pleading revocation attacks. It also emphasised that inventive-step combinations require a proper pointer to the secondary reference.

GC Aesthetics, Avient, IQIP and Dall Energy: four 2026 UPC rulings reveal how courts weigh proportionality, confidentiality and timing before ordering a party to produce evidence under Rule 190.

The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.

In Ericsson v ASUSTeK, the Milan Local Division refused a provisional measures application filed 21 months into the case, finding continuing infringement and rising losses alone do not establish urgency.

The UPC Local Division Milan revoked Cardo's provisional injunction against Reso, ruling its helmet intercom products fall outside the scope of EP4240194, neither literally nor by equivalence.

The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.

The Helsinki Local Division found AIM's TV-advertising patent valid but not infringed by TGI, and with no Court of Appeal ruling on equivalence yet, adopted the four-step test both sides put forward, the UPC following the parties' lead.

In Agathon v Intercom, the UPC's Milan Local Division confirmed that statements made during EPO prosecution are not binding but can offer low-weight guidance on the skilled person's view — here narrowing 'abuts' against the patentee.

In Otec v Steros, the UPC's Dusseldorf Local Division revoked an ex parte inspection order after the applicant failed to sue on the merits in time, ordering all preserved evidence returned and destroyed.

On 2 June 2026 the UPC Court of Appeal overturned the Mannheim Local Division's infringement findings against Kodak in both Germany and the UK, on a prior user right in Germany, and on lack of defendant liability in the UK, while upholding the validity of EP 3511174 as amended and laying down a structured framework for exercising jurisdiction over non-EU designations.

These Decisions from the Local Division of the Unified Patent Court in Milan relate to EP2519412 and EP3519207. The Applicant, Pirelli Tyre S.P.A. ("Pirelli") brought two separate infringement actions following respective seizure orders against Tianjin Kingtyre Group Co., Ltd ("Kingtyre") and Sichuan Yuanxing Rubber Co., Ltd. ("SYR"), in view of the exhibition of allegedly infringing products by the defendants at the "International Motorcycle Exhibition" ("EICMA") between 5 and 10 November 2024.

WIRPLAST v VILPE (UPC Munich, April 2026): a roof-fan disclosure was a fair starting point, but the patent for a through-roof ventilation pipe with a spirit level survived; the skilled person would not have leaped.

The UPC Court of Appeal ruled that it lacks jurisdiction to assess costs applications and confirmed they must be filed at the Court of First Instance, rejecting a transfer request in Rematec v Europe Forestry.

In Emporia v Seoul Viosys, the UPC Central Division confirmed that the revocation of an independent claim does not automatically affect the validity of unchallenged claims. The decision underscores the importance of challenging all relevant claims where full patent revocation is sought.

The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP's Elements team,...

To celebrate Black History month and in keeping with the theme of ‘Saluting Our Sisters', I have chosen to write about a woman who has made enormous contributions in the field of healthcare.

The Enlarged Board of Appeal of the European Patent Office has issued its decision in the combined cases G1/22 and G2/22. With this decision, the likelihood that a priority claim is valid even where...

PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio's patent was found invalid for obviousness.

This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker.

From 1 November 2023, time limits that run from the notification of a communication by the EPO no longer will run from the date of the communication plus 10 days, but from the date that the...

Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice' was discussed.

As we move through October and temperatures begin to drop, many of us will be wrapping up, adding extra layers and switching on the heaters. Here's a woman that inspired many of the modern heating...

Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness...

In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key...

Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney.

Introduction The Barbenheimer phenomenon has broken several box-office records. Barbie has made Greta Gerwig the first solo female director to produce a $1 billion dollar film, while Christopher...

This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com.

Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus...

Over the past few years, a worldwide patent dispute has been rumbling between two giants of the renewables sector, GE and Siemens Gamesa. Although that storm has now subsided, following the recent...