Case Reports

The UPC’s Munich Local Division denied Onward Medical’s bid for a preliminary injunction against Niche Biomedical, finding serious doubts over the novelty of the granted claim of EP 3 421 081 B1 in light of the Yoo prior art. The court also rejected all eight auxiliary claim requests, holding that amended claims cannot be used to establish likely validity in provisional‑measures proceedings. The decision reinforces that interim relief is only available for patents that appear robust in their granted form.

The Unified Patent Court rejected Black Sheep’s request for a declaration of non-infringement (DNI) for an alternative product design. The court found the request inadmissible because HL Display had not asserted infringement against the alternative design, and Black Sheep had not formally sought acknowledgment of non-infringement before filing the counterclaim.

Kodak v. Fujifilm (UPC CoA 699/2025, order of 14 October 2025)[1] According to Art. 82(2) UPCA and Rule 354.3 RoP, a party may be sanctioned with a recurring penalty payment, payable to the UPC, if...

Insulet v. EOFlow UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1] The dispute began when Insulet sought a provisional injunction against EOFlow to prevent...

Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...

Apple (Intervener) in Ericsson v. AsusTek and Apple (Intervener) in Sun Patent Trust v. Vivo UPC_CoA_631/2025[1], UPC_CoA_632/2025[2], UPC_CoA_755/2025[3], and UPC_CoA_757/2025[4] – Orders of 23...

The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.

We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.

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...

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.

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...

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?

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...

Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr...

Those of you who have read my work before, who know me, or who know of me, might reasonably expect this piece to be…vitriolic, shall we say? You may be bracing yourself for a story that starts with...

Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it...

KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the...

This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a...

Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme...

A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II" (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22,...

Nicoventures Trading Limited v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) Another judgment has recently been handed down in the ongoing global dispute between tobacco giants British...

On 26 April, the European Commission published proposed legislation (specifically a new Regulation and a new Directive) aimed at reforming EU legislation in relation to pharmaceuticals.

At the outset, it must as usual be remarked that this piece should not be relied upon for treatment, solution, comfort or calm. This, and other works like it, are written from but a singular...

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.

As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology.

IntroductionWhen researchers at Darmouth College coined the term ‘artificial intelligence' ("AI") in a research proposal in 1955, they could hardly have imagined the explosive impact the...

Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees.

The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe.