Case Reports
UPC Case Reports
UPC emphasises importance of formal service
22 April 2024
Daedalus Prime v. Xiaomi and others Order of 18 April 2024 ORD_20986/2024[1] Daedalus Prime LLC filed a patent infringement action based on EP2792100 at the UPC local division in Hamburg.
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UPC
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Recent cases
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Service of actions
Variable Views on Confidentiality
19 April 2024
In recent months the Local Divisions of Mannheim, Paris and Düsseldorf have given guidance on access to confidential material. These judgments address the procedure for protecting confidential...
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UPC
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Recent cases
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Confidentiality
Bringing an action following preservation of evidence
15 April 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023) Order dated 8 April 2024 (ORD_9710/2024)[1] Progress Maschinen & Automation AG ("PMA") filed...
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UPC
Adding a patent to existing proceedings
11 April 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order[1] of Court of Appeal on 11 March 2024 (UPC_CoA_44/2024); Appeal against ORD_593106/2024 of the CFI panel dated 18 January...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Time limits
Error in Defendant not Fatal to Revocation Claim
09 April 2024
Juul Labs International, Inc. v. NJOY Netherlands B.V. (UPC_CoA_433/2023, UPC_CoA_435/2023, UPC_CoA_436/2023, UPC_CoA_437/2023, UPC_CoA_438/202)[1] Orders of 3 April 2024 (ORD_598223/2023,...
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UPC
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Recent cases
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Other procedural aspects
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Revocation
UPC Refuses to Admit Further Amendment Requests
08 April 2024
Meril Italy v Edwards Lifesciences UPC_CFI_255/2023 (Revocation action at Paris Central Division) Order of 28 February 2024 (ORD_7283/2024)[1] This order relates to the action brought by Meril Italy...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Other procedural aspects
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Revocation
C-KORE v Novawell Follow-up to the evidence preservation order: Paris Local Division explains the rules for reviewing such an order
08 April 2024
Procedural order of 1 March 2024 (UPC_CFI_397/2023) As previously mentioned, C_KORE Systems Limited ("C_KORE") is the proprietor of the patent EP 2265793 relating to the testing of subsea apparatus...
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UPC
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Recent cases
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Preservation of evidence
Joining a party
13 March 2024
Seoul Viosys., Ltd v Laser Components SAS (UPC_CFI_440/2023) Order dated 12 February 2024 (ORD_3311/2024) In this infringement case before the Paris Local Division the defendant, Laser Components...
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UPC
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Recent cases
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Appeal
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Intervention
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Other procedural aspects
Looking out for the little guy: the UPC’s approach on ordering security for costs on SMEs
11 March 2024
Plant-e Knowledge B.V. & Plant-e B.V v. Arkyne Technologies S.L. (UPC_CFI_239/2023) Order delivered on 13 February 2024 (ORD_586897/2023) Background The proceedings in this case are an infringement...
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UPC
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Recent cases
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Security for costs
Should a stay be ordered?
08 March 2024
10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...
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UPC
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Recent cases
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Appeal
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Suspension (stay) of proceedings
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
07 March 2024
In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...
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UPC
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Recent cases
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Appeal
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Inventive step
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Provisional injunction
A caution on the availability of extensions
05 March 2024
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...
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UPC
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Recent cases
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Revocation
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Time limits
Access to documents – representation
20 February 2024
Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...
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UPC
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Recent cases
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Access to documents
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Representation
Financial penalties for disclosure of confidential information
14 February 2024
In this article we discuss two cases which address financial penalties for breach of confidentiality. Krauss-Maffei Extrusion GmbH v Troester GmbH & Co KG (UPC_CFI_181/2023) Order of 27 December 2023...
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UPC
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Recent cases
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Confidentiality
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Penalty payment
Discretionary review or appeal?
13 February 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order of Court of Appeal on 11 January 2024 (UPC_CoA_486/2023); Appeal against ORD_588901/2023 dated 11 December 2023 Huawei sued...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
Other Case Reports
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Stone v Wenman: The Trademark Battle of Two Spiritual Therapists, ‘Archangel Alchemy’
28 September 2021
Claire Stone (“Stone”) pursued a trademark infringement case against Alexandra Wenman (“Wenman”) for the use of the sign “ARCHANGEL ALCHEMY”. Wenman made a counter claim for passing off which...
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Litigation
Music copyright case discusses originality requirement
06 September 2021
Kelly-Marie Smith, a singer/songwriter and member of the Voice UK duo Nu-Tarna, brought a copyright action against nine defendants including members of the band “Rudimental” and James Newman.
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Ask the Experts: What can I do if someone is using my invention without my permission?
02 September 2021
In the previous articles, we looked at the mechanics of filing a patent application. In this last article of our ‘Ask the Experts' series, we will be addressing some of the other ways in which a...
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Should I get my Patent Application to Grant as Fast as Possible?
28 July 2021
Why do patents take so long to grant?Progressing a patent family through to grant can take a notoriously long amount of time, particularly when an applicant is looking to protect their invention in a...
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Patent Strategy
How could internal combustion engines help drive decarbonisation?
22 July 2021
Last week, the UK Government announced that sales of new petrol and diesel heavy goods vehicles (HGVs) will be banned by 2040. The UK's Road Haulage Association supports the aim, but in a press...
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Dynamics
If you claim ‘a duck’, does it have to quack? - Construction of technical terms
08 July 2021
IntroductionIt is said that ‘if it walks like a duck, and quacks like a duck, then it probably is a duck'. However, if a claim refers to ‘a duck' feature, what does that imply about how the claimed...
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Fox v Teleta: a Cautionary Tale for Potential Claimants
29 June 2021
Fox Group International Ltd (“Fox”) pursued a claim for trade mark infringement and passing off against Teleta Pharma Limited (“Teleta”) but later discontinued after establishing the goods were...
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Litigation
Add2 Research and Development Ltd v dSPACE – Judge asked to consider pre-action protocol for patent actions
28 June 2021
Add2 Research and Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (https://www.bailii.org/ew/cases/EWHC/Patents/2021/1630.
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Litigation
United States v. Arthrex - An Executive Dysfunction
24 June 2021
The United States Supreme Court issued a ruling on United States v. Arthrex on Monday 21 June, addressing the constitutionality of the way in which the Patent Trial and Appeal Board (PTAB) is...
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Nike Just Do It Again in “FOOTWARE” Trade Mark Dispute Against Puma
18 June 2021
The UK High Court dismissed Puma SE's ("Puma") appeal against UK IPO decision O-415-20 (the "Decision") relating to the registration of the word mark "FOOTWARE" by Nike Innovate C.V ("Nike).
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Litigation
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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Litigation
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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Litigation
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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Litigation
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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Litigation
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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Litigation
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