Case Reports

Sanofi-Aventis Deutschland GmbH & Ors v Amgen Inc (UPC_CFI_1/2023) Order dated 24 January 2024 (ORD_2233/2024) The pleadings in this revocation action had progressed to the rejoinder by defendant...

Background In a dispute between Aarke AB, a Swedish company, and SodaStream Industries Ltd, an Israeli company, Aarke, as the defendant to infringement proceedings, successfully applied to change the...

For a European patent to be granted, the claims must be "clear and concise". However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity...

Ortovox Sportartikel GmbH vs Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 11 December 2023[1] Introduction Ortovox Sportartikel GmbH (in the following...

In the matter of an appeal by Ocado Innovation Limited and applications to intervene by (1) Mathys & Squire LLP and (2) Bristows (Ireland ) LLP Order of Court of Appeal dated 10 January 2024 By Order...

Order of 14 November 2023 (ORD_587064/2023) This was another successful application for preserving evidence, following those in the Oerlikon v Himson, Oerlikon v Bhagat Group, Jozef Frans Nelissen v...

Two recently published judgments from the Unified Patent Court clarify how requests for confidentiality, both in respect to parties to the proceedings and in respect of third parties, are handled.

SES-imagotag SA v Hanshow Technology Co. Ltd. and others UPC_CFI_292/2023 Order of 20 December 2023 (ORD_596193/2023)[1] SES-imagotag is the proprietor of EP 3883277, which had been opted out of the...

Panasonic Holdings Corporation v Xiaomi Technology Germany GmbH & 9 Others (UPC_CFI_219/2023) Order of 8 December 2023 The Claimant argues that defendants 1, 2, and 8 based in China and 7 based in...

Fives ECL, SAS v REEL GmbH (UPC_CFI_274/2023) Order of 17 November 2023 On 8 August Fives ECL, SAS ("Fives") lodged in hard copy a claim for the determination of damages.

Astellas Insitute for Regenerative Medicine v Healios KK and Osaka Univerity (UPC_CFI_80/2023) Order of 20 November 2023 On 1 June 2023, Astellas Institute for Regenerative Medicine ("Astellas")...

10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional...

Meril Italy srl v Edwards Life Sciences Corporation (551308/2023; UPC_CFI_255/2023) Order of 13 November 2023 (ORD_578356/2023) Background On 1 June 2023 Edwards Lifesciences Corporation ("Edwards")...

CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb...

The Milan Local Division has granted an inspection order[1] pursuant to Rules 192-199 RoP, the first order granted by the UPC allowing inspection of a defendant's premises.

A consultation has been announced by HM Revenue and Customs (HMRC) seeking the views of patent holders and interested parties on proposed changes to the UK Patent Box scheme.

After years of debate, the European Parliament, European Council and European Commission have reached an agreement in relation to a new European Union trade mark reform package, which will provide a...

Alibaba is the largest e-commerce platform in China, and one of the biggest in the world. Its co-founder, Jack Ma, is the richest man in China; he is often compared to Bill Gates and Steve Jobs by...

In a recent decision of the UK Intellectual Property Office, an applicant for a UK patent was allowed to file a response to an examination report (“office action”) more than 18 months after the due...

In August 2013, I produced a short commentary regarding the decision of Mr Recorder Meade QC in SDL Hair Ltd v Next Row Ltd & Ors [2013] EWPCC 31, where Mr Meade was faced with the question of...

A decision from Mr Justice Birss inAdaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc[2014] EWHC 4194 has introduced additional complications for parties found to infringe a...

C‑11/13 Bayer CropScience AG v Deutsches Patent- und MarkenamtThe Court of Justice of the European Union rules that a supplementary protection certificate (SPC) can be granted in respect of a safener.

A strong brand, and trademark protection, create business value. Indeed, intellectual property can become a company’s most valuable asset. Branding in sport is big business.

The question presented in Alice was whether claims directed to a computer-implemented scheme for mitigating “settlement risk” are patent eligible under 35 U. S. C. §101.

In the latest decision of a long-running battle over use of the trademark “youview”, the High Court issued a decision, this week, that may require the £100 million internet television service to...

UK Intellectual Property law was enhanced last week when the Intellectual Property Act 2014 (IP Act) was given Royal Assent. It is expected that the IP Act’s provisions will start to come into force...

The UK Intellectual Property Office has refused to grant an SPC for a medical device, as noted in the decision BL O/141/14. Whilst those aware of the SPC legislation may not find this surprising, a...

A recent decision of the Court of Appeal of England and Wales has highlighted again the importance of the form and amount of detail shown in the views (formally called “representations”) of a design...

In Cosmetic Warriors Limited & Lush Limited v Amazon.co.uk Limited & Amazon EU SARL, Mr John Baldwin QC (sitting as deputy judge) found that the aforesaid Amazon companies (collectively referred to...

In Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) Mr Justice Birss held that A.V.E.L.A. Inc. and its co-defendants (together “AVELA”) have infringed Hearst Holdings Inc.