Case Reports

UPC Case Reports

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
XSYS Germany GmbH & ors. v. Esko-Graphics Imaging GmbH
17 June 2025
Decision of 2 June 2025 (Order no. ORD_23545/2025) Ekso originally brought infringement proceedings against XSYS in respect of its EP 3 742 231 patent, relating to a method of curing photo-curable...
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UPC
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Recent cases
The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state...
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UPC
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Analysis
Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
23 May 2025
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair.
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UPC
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Recent cases
Court of Appeal Upholds Decision on Provisional Measures
20 May 2025
Biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International (UPC_CoA_563/2024, APL_53716/2024) Court of Appeal Order dated 24 February 2025 [1] Background...
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UPC
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Recent cases
AGFA fails in its infringement claim against Gucci
15 May 2025
AGFA NV v Gucci (various entities) UPC_CFI_278/2023 Decision of 30 April 2025 (ORD_598576/2023)[1] This Decision from the Hamburg LD concerns AGFA's patent EP3388490, which relates to decorating...
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UPC
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Recent cases
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Claim interpretation
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Infringement
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Revocation
Printing plates case displays practical points to consider in Fujifilm V Kodak
09 May 2025
Fujifilm Corporation v. Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH (UPC_CFI_359/2023) Order of 2 April 2025 (ORD_598586/2023)[1] This decision is part of the litigation between...
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UPC
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Recent cases
Security for Costs Order granted against party who acknowledge they were operating in a very difficult market
09 May 2025
Maxeon Solar Pte. Ltd v Aiko Energy Germany GmbH and others Order of 14 April 2025[1] The Claimant brought proceedings on 23 December 2024 against Aiko Energy Germany and seven other solar panel...
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UPC
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Recent cases
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Security for costs

Other Case Reports

Therapists’ passing-off claims, libel and harassment allegations unravelled
15 December 2023
This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com.
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Report on EPO Patent Knowledge Week
13 December 2023
The European Patent Office (EPO) has recently held many online conferences but the real highlight has been the Patent Knowledge week. There were three full days on 28-30 November discussing AI, the...
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Clause Ambiguity and Contract Disputes: Insights from Capita v IBM (2023)
07 December 2023
Introduction This case relates to (as stated by the judge) a "rare dispute as to the construction of a contract where one or both parties do not make some appeal to matters of factual matrix to...
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Commercial IP
Fast Chips: US PTO launches fast-track examination for semiconductor patents
05 December 2023
The USPTO has announced a Semiconductor Technology Pilot Program for fast-track examination of qualifying semiconductor-related inventions. The program is designed to support the US CHIPS Act, which...
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Ampliphy
Be careful what you wish for - Court of Appeal refuses to let party rely on argument it had dropped multiple years ago
30 November 2023
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 The Court of Appeal has denied Lufthansa permission to rely on certain arguments at an upcoming damages inquiry...
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Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR
29 November 2023
Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR, in particular Article 3(2)(b)? (Clearview AI Inc v The...
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Commercial IP
G 2/21 applied by the referring EPO Technical Board; useful guidance on the test for reliance on post-published evidence in the post plausibility era
29 November 2023
The referring Board to G 2/21 has now published its full written decision in T 0116/18, following the issuance of the minutes in September. The Decision attempts to clarify the requirements of G...
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EPO
Court refuses to close the stable door after the horse has bolted in patent dispute
23 November 2023
Saint-Gobain Adfors S.A.S v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) The High Court has rejected an application made by 3M to restrict Saint-Gobain's use of information disclosed by 3M...
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It’s been emotional: the High Court says goodbye to excluding AI inventions as computer programs
22 November 2023
On 21 November 2023 the High Court of England and Wales published its judgment in Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch) in which it found a patent application...
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Codiphy
What a relief! Court of Appeal permits a party to rely on evidence served two years late
13 November 2023
Lufthansa Technik AG v Panasonic Avionics Corporation [2023] EWCA Civ 1273 The Court of Appeal has granted Panasonic an extension of time to a deadline so that they can rely upon a witness statement...
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Astellas’ Validity Success Not Enough to Catch Competitors’ Products on Overactive Bladder Treatment
03 November 2023
The High Court has handed down its judgment in Astellas v Teva and Sandoz regarding Astellas' patent covering treatment for overactive bladder.
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Dr Marian Rogers Croak, Black History Month 2023
30 October 2023
In this our fifth and final article for Black History Month 2023, we profile Dr Marian Rogers Croak. Dr Marian Rogers Croak is one of a few contemporary black inventors whose work has been...
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EPO-EUIPO report: Patents and trademarks improve likelihood of start-ups securing funding
25 October 2023
On 17th October 2023 the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) published a report on a joint study into the impact patents and trademarks can have...
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Dr Valerie Thomas, Black History Month 2023
23 October 2023
Our fourth article in our series of articles celebrating Black History Month shines a spotlight on the pioneering scientist and inventor, Dr Valerie Thomas.
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Hydrogen – an explosive gas or the future of green energy?
17 October 2023
The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP's Elements team,...
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Elements
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Energy
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