Case Reports
UPC Case Reports
UPC Court of Appeal sets out criteria for evidence preservation and inspection orders
11 August 2025
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...
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UPC
The UPC expands its jurisdiction limits by granting its first UK injunction
01 August 2025
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...
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UPC
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Analysis
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Recent cases
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Infringement
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Jurisdiction
UPC grants provisional injunction and clarifies intermediary liability
01 August 2025
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...
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UPC
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Recent cases
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Provisional injunction
Brussels LD Grants Evidence Preservation and Inspection Order in Pertuzumab Biosimilar Dispute
29 July 2025
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...
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UPC
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Recent cases
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Preservation of evidence
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Evidence (general)
UPC Clarifies Time Limit Flexibility in Nanoval v ALD
29 July 2025
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...
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UPC
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Recent cases
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Time limits
Court of Appeal Clarifies UPC rules on decisions by default
25 July 2025
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...
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UPC
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Recent cases
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Infringement
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Security for costs
UPC Court of Appeal Clarifies Limits on Security for Costs in Emboline v. AorticLab
23 July 2025
In a significant ruling before the Unified Patent Court (UPC)[1], the Court of Appeal has clarified that a claimant in an infringement action cannot request security for costs from a defendant who...
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UPC
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Recent cases
UPC refuses extension of deadline for review of seizure order after refusal of service
22 July 2025
Sichuan Yuanxing Rubber Co., Ltd. and China Council for the Promotion of International Trade, Automotive Sub Council Order of 14 July 2025 (ORD_26742/2025 [1]) This article follows up on the UPC...
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UPC
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Recent cases
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Time limits
UPC grants ‘in absentia’ permanent injunction on agricultural tool
21 July 2025
Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604) Order of 25 June 2025 (ORD_17812/2025 [1]) This Decision from the Central Division of the Unified Patent Court...
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UPC
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Recent cases
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Permanent injunction
Applying Ocado, the UPC grants a R262 request to access CFI documents
09 July 2025
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...
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UPC
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Access to documents
UPC decides that the formalities of withdrawal of opt out do not matter
03 July 2025
Dolby International AB v. Epson France SAS UPC_CFI_77/2025 Order of 27 May 2025 ORD_18316/2025[1] The Hamburg Local Division of the UPC has decided that a withdrawal of opt out from the UPC is valid,...
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UPC
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Recent cases
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Jurisdiction
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Opt out
Paris Local Division rules on validity of juicer patent, scope of R. 19 RoP
27 June 2025
Hurom Co., Ltd v. NUC Electronics Co., Ltd, NUC Electronics Europe GmbH & Warmcook (UPC_CFI_163/2024) Order of 23 May 2025 (Order no. ORD_69293/2024[1] relating to EP 3 155 936) The Paris Local...
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UPC
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Recent cases
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc.
25 June 2025
UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the...
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UPC
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Recent cases
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Costs
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Other procedural aspects
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Time limits
Provisional Injunction Denied for Small Molecule Kinase Inhibitor
19 June 2025
Zentiva Portugal, LDA v. Boehringer Ingelheim International GMBH (UPC_CFI_41/2025 relating to EP1830843) Court of First Instance Order dated 8 May 2025 ORD_18599/2025 [1] Summary The Application for...
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UPC
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Recent cases
UPC Opines on Second Medical Use Claims
17 June 2025
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc.,v Amgen Inc. and others UPC_CFI_505/2024 Decision of 13 May 2025 ORD_598583/2023 This decision from the Düsseldorf Local Division sets out for...
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UPC
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Claim interpretation
Other Case Reports
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Medical use claims are increasingly vulnerable to Lack of Sufficiency attacks at the EPO - a recent decision gives some hints
21 May 2020
Article 83 EPC (Sufficiency) requires a European patent to disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
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Life
UKIPO report of IP trends for UK Higher Education Institutions highlights life sciences innovation
30 April 2020
On 29 April 2020, the UKIPO published an overview report of IP trends for UK Higher Education Institutions (HEIs) and their spin-out businesses, between 1999 and 2018.
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Life
How video hearings have kept the Courts open
06 April 2020
The COVID-19 outbreak is impacting people around the globe.The UK government has, like many other governments, been forced to take drastic action to curtail individuals’ movements to enforce social...
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Litigation
Fabric textures can be “artistic work”: Response Clothing v Edinburgh Woollen Mill
06 April 2020
Copyright can subsist in a fabric pattern after HHJ Hacon ruled that such designs constitute a work of artistic craftmanship.In Response Clothing Ltd v Edinburgh Woollen Mill Ltd [2020] EWHC 148...
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Litigation
Brexit and IP: Business as usual during the transition period
31 January 2020
The UK leaves the EU on 31 January 2020 – but until at least the end of 2020 it will be business as usual for intellectual property rights.The Withdrawal Agreement between the EU and the UK was...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Brexit and Intellectual Property – An Update
30 October 2019
The European Union has announced that it will agree to the UK request for a further extension to the period in which the UK remains a full member of the EU (the “Article 50 period”) until 31 January...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
First multimedia ‘motion’ trademark registered in UK
12 August 2019
Toshiba has become the first organisation to register a ‘motion’ trademark in the UK after submitting a multimedia file.While it has been possible to register motion marks before, submissions were...
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Trademarking
Why confidentiality may not be enough to safeguard your US patent prospects
20 March 2019
In Helsinn Healthcare S.A. et al. v. Teva Pharmaceuticals USA, Inc., No. 17-1229, the US Supreme Court held that the assessment of whether an invention had been put “on sale”, and had therefore...
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EIP Sponsors ChIPs Networking Event
07 March 2019
EIP is sponsoring a ChIPs networking event in support of charity Code First: Girls, aimed at helping women enter the tech industry.On Thursday 28 March ChIPs will be hosting a pub quiz in London,...
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Litigation
Supreme Court holds Pfizer pregabalin patent invalid
14 November 2018
Actavis and NHS England eligible to claim under cross-undertaking in damages.The Supreme Court decision in the litigation of Warner-Lambert (Pfizer) against Actavis and Mylan has been handed down...
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Litigation
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Life
Significant judgment on Standard Essential Patents handed down by the Court of Appeal
23 October 2018
EIP has today secured a judgment on behalf of its client Unwired Planet, in a case which has significant international implications for all patent holders and licensees of Standard Essential Patents...
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Litigation
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Digital
Patent Box claims reach £942.5 million
01 October 2018
New preliminary data published by the UK Government for the tax year ending 2017 shows companies have saved a total of £942.5 million in tax relief by using Patent Box.
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Prickly dispute between tattoo artist and cactus shop dismissed
09 May 2018
Henry Martinez (T/A Prick) & Anr. v Prick me Baby One More Time Limited (T/A Prick) & Anr. [2018] EWHC 776 (IPEC)HH Judge Melissa Clarke dismisses passing off claim in prickly dispute between tattoo...
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Litigation
Exhaust gas clarification patent found valid and infringed
08 May 2018
Anan Kasai Co. Ltd & Rhodia Operations S.A.S v Molycorp Chemicals & Oxides (Europe) Ltd [2018] EWHC 843 (Pat).Exhaust gas clarification patent found valid and infringed in claim by Solvay (formerly...
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Elements
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Litigation
UK Patents Court rejects jurisdictional challenge in SEPs case
16 April 2018
This morning the Patents Court, a division of the English High Court, handed down another important decision in the continuing development of the law relating to Standard Essential Patents (SEPs) and...
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Litigation
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Digital
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