Case Reports

Does an ongoing phase 3 clinical trial and its published protocol suggest that the tested drug will be successful?

Summary A recent EPO Boards of Appeal decision, T 0136/24, has examined the issue of "reasonable expectation of success" when the prior art discloses a protocol to an ongoing phase 3 clinical trial.

When “better” isn’t good enough under Art. 84 EPC

In the recent Decision T 2387/22, the Board's key message was: if you define an invention by a "relative improvement" of a known technical effect, the improvement must be expressed in "objectively...

UPC Agreement Is Not EU Law, No Referrals to CJEU

expert v. Seoul Viosys, UPC_CoA_380/2025 Order of 20 August 2025 (ORD_22147/2025)[1] This order from the UPC Court of Appeal clearly states that the Court of Justice of the EU cannot be asked to...

Unconventional Service: igus v. Whale Technology

UPC_CFI_318/2025, decision of 5 August 2025 (ORD_34299/2025)[1] In a default judgment issued by the Düsseldorf Local Division of the Unified Patent Court, Whale Technology (Shanghai) Co., Ltd.

No breach of Inspection Order by Respondent who refused access

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...

Edwards v Meril – The Interaction of Parallel UPC and EPO Proceedings

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?

Milan Central Division issues Decision by Default, Clarifying the Requirements

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...

UPC Court of Appeal sets out criteria for evidence preservation and inspection orders

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...

The UPC expands its jurisdiction limits by granting its first UK injunction

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...

UPC grants provisional injunction and clarifies intermediary liability

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...

Brussels LD Grants Evidence Preservation and Inspection Order in Pertuzumab Biosimilar Dispute

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...

UPC Clarifies Time Limit Flexibility in Nanoval v ALD

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...

A Cloud of Uncertainty: Implications of G 1/23 for Software Companies

On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (EPO) issued its landmark decision in case G 1/23 (Solar Cell Sealing Materials and Solar Cell Module), a ruling that has...

Court of Appeal Clarifies UPC rules on decisions by default

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...

Patent Dispute Resolved: JGL's Hoist Not Infringing

Jeff Gosling Limited ("JGL") sued Autochair Limited in the IPEC for a declaration of non-infringement concerning its "Apex Assist" hoist and Autochair's patent, which covers a particular set-up of a...