Case Reports
UPC Case Reports
Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
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UPC
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Basic
The Unified Patent Court (UPC) will begin operations in Europe on 1 June
20 February 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...
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UPC
Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
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UPC
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Basic
Member States participating in UPC
23 August 2022
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...
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UPC
What is the Unitary Patent, and how do I get one?
09 June 2022
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.
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UPC
Unitary Patent and Unified Patent Court - finally happening?
24 September 2021
The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.
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UPC
Other Case Reports
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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.
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Appeal
Another day, another interim injunction granted by the UK High Court: Boehringer Ingelheim find success against Dr Reddy
04 December 2025
Boehringer Ingelheim successfully obtained another interim injunction from the UK High Court against Dr Reddy, reinforcing its patent rights in ongoing pharmaceutical litigation. The article outlines the case details, the court’s reasoning, and what this decision means for patent enforcement in the UK.
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Basic
Does an ongoing phase 3 clinical trial and its published protocol suggest that the tested drug will be successful?
18 September 2025
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.
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EPO
When “better” isn’t good enough under Art. 84 EPC
18 September 2025
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...
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Stratiphy
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Life
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Patenting
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EPO
A Cloud of Uncertainty: Implications of G 1/23 for Software Companies
29 July 2025
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...
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Codiphy
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Digital
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EPO
Patent Dispute Resolved: JGL's Hoist Not Infringing
25 July 2025
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...
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Litigation
Balancing Free Speech and Fair Competition: How Section 12(3) HRA Applies to Threats
11 July 2025
Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) Summary This judgment concerns an application by the first Defendant for an interim injunction to restrain the...
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Litigation
AI and Bitstreams at the Core of China’s Patent Update
28 May 2025
On April 30, 2025, the China National Intellectual Property Administration (CNIPA) released a draft amendment of the Patent Examination Guidelines (for public comment), proposing further revisions to...
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Analysis
Plausibility at the forefront of the UK High Court’s decision in finding AstraZeneca’s patent covering blockbuster diabetes drug invalid
20 May 2025
Following hot behind the interim injunction decisions regarding the same subject matter between AstraZeneca and Glenmark (and covered previously in this newsflash here), on 28 April 2025, the High...
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Litigation
Court of Appeal overturns High Court’s decision and grants interim injunction to AstraZeneca against Glenmark
14 May 2025
AstraZeneca v Glenmark has seen the parties visiting the courts several times since the validity trial (heard in March of this year) over the past few weeks.
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Litigation
Urbis Schreder slips up on anti-climb lighting patents validity challenge
14 April 2025
DW Windsor Ltd v Urbis Schreder Ltd [2025] EWHC 563 (IPEC) (14 March 2025) Summary This action involves two companies that design, manufacture and supply exterior lighting fixtures.
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Litigation
Hacon J warns that the reasonable reader should not be regarded as an “anxious pedant”
10 April 2025
Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) https://www.bailii.org/ew/cases/EWHC/IPEC/2025/547.html This case concerns a trade mark held by Babek International Ltd which they...
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Litigation
Prevayl v Whoop [2025] EWHC 399 (IPEC)
26 March 2025
His Honour Judge Hacon has found that Prevayl's patent for a smart bra was invalid for obviousness over two pieces of prior art. However, had the patent been valid, Whoop would be indirectly...
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Litigation
T 0458/22 – EPO Board of Appeal considers Rolex’s inadmissibility attack to be inadmissible!
26 February 2025
In T 0458/22 (which has a "B" distribution code indicating it is significant enough to be distributed to all Members of the EPO's Technical Boards of Appeal), the Board of Appeal appears to have gone...
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EPO
Extension of time period for filing defence in view of parallel EPO appeal proceedings
30 January 2025
Dainese S.p.A. v. Alpinestars S.p.A., Alpinestars Research S.p.A., Omnia Retail S.r.l., Horizon Moto 95 – Maxxess Cergy, Zund.Stoff Augsburg/Ulrich Herpich E.K., Motocard Bike S.I.
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Uniphy
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EPO
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