Case Reports
UPC Case Reports
Infringement action after evidence preservation order fails equivalents test
04 February 2025
Jozef Frans Nelissen v OrthoApnea S.L., Vivisol B BV (UPC_CFI_376/2023) Decision of 17 January 2025[1] (ORD_598478/2023) One of the early evidence preservation orders from the UPC was granted by the...
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UPC
UPC Confirms Decision By Default
31 January 2025
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. UPC_CFI_412/2023 Order of 9 January 2025[1] (ORD_58414/2024) BMW sought revocation of EP 2796333 belonging to ITCiCo.
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UPC
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Recent cases
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Revocation
UPC weighs in on extraterritorial jurisdiction
31 January 2025
FUJIFILM Corporation v Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH UPC_CFI_355/2023 Decision of 28 January 2025[1] (ORD_598539/2023) Fujifilm brought an infringement action...
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UPC
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Recent cases
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Jurisdiction
UPC Court of Appeal rules that UPC can determine damages following a national infringement decision
29 January 2025
Fives ECL, SAS v. REEL GmbH UPC_CoA_30/2024 Order of 16 January 2025[1] (APL_4000/2024) Fives applied to the UPC Local Division in Hamburg for a determination of damages following a prior...
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UPC
UPC sets aside provisional injunction on hand-held vacuum cleaners
27 January 2025
SharkNinja Germany GmbH, SharkNinja Europe Limited v. Dyson Technology Limited (UPC_CFI_443/2023 and UPC_CoA_297/2024) Decisions of 5 May 2024 (Order no.
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UPC
Infringement action following provisional injunction
22 January 2025
Syngenta Limited v Sumi Agro Limited and Sumi Agro Europe Limited (UPC_CFI_201/2024) Order of 12 December 2024 (ORD_65555/2024[1]) As we reported,[2] Syngenta obtained a provisional injunction...
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UPC
Breach of a standstill agreement does not affect jurisdiction or admissibility
22 January 2025
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH UPC_CFI_454/2023 Decision of 18 December 2024 (ORD_598508/2023[1]) The claimants sought revocation of EP...
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UPC
Paris Local Division Revokes another DexCom Patent
22 January 2025
DexCom, Inc. v Abbott Laboratories and 13 other Abbott entities UPC_CFI_395/2023 Decision of 11 December (ORD_63909/2024[1]) The second decision on the merits from the UPC came from the Paris Local...
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UPC
UPC Finds Patent Infringed by Equivalence
21 January 2025
Plant-e v Arkyne UPC_CFI_239/2023 Decision of 22 November 2024 (ORD_598516/2023 [infringement] ORD_598513/2023 [counterclaim for revocation]) The first claimant Plant-e Knowledge B.V.
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UPC
Edwards Lifesciences Corporation v. Meril Gmbh & Meril Life Sciences Pvt Ltd.
21 January 2025
(Infringement action UPC_CFI_15/2023) Decision of 15 November 2024 (ORD_598479/2023[1]) The Munich Local Division (MLD) decided in favour of patentee Edwards Lifesciences Corporation (Edwards) with...
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UPC
UPC grants two orders to seize suspected infringing motorcycle tyres
17 January 2025
Pirelli Tyre S.P.A. v Tianjin Kingtyre Group Co., Ltd. and Kingtyre Deutschland Gmbh. (UPC_CFI _650/2024 relating to EP2519412B1) Pirelli Tyre S.P.A. v Sichuan Yuanxing Rubber Co., Ltd.
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UPC denies provisional injunction on tool for adjusting the height of cabinet legs
17 January 2025
Häfele SE & Co KG v Kunststoff KG Nehl & Co (UPC_CFI_443/2024 relating to EP3767151) Order of 25 November 2024 (ORD_62433/2024 [1]) This Decision from the Court of First Instance of the Unified...
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UPC
UPC denies provisional injunction on insulin pump
17 January 2025
Insulet Corporation v. EOFLOW Co., Ltd. (UPC_CFI_380/2024 relating to EP4201327) Order of 22 November 2024 (ORD_56716/2024 [1]) This Decision from the Court of First Instance of the Unified Patent...
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UPC
Security not released after revocation at first instance
16 January 2025
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC_CFI_252/2023) Decision of 17 December 2024 (Order no. ORD_56957/2024 relating to EP 2 794 928 B1) Introduction...
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UPC
UPC Court of Appeal Overturns Helsinki on Opt Out Withdrawal
14 January 2025
AIM Sport v Supponor UPC_CoA_489/2023 and UPC_CoA_500/2023 Decision of 12 November 2024 (ORD_598488/2023 & ORD_598489/2023) AIM Sport had brought both provisional injunction and infringement...
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UPC
Other Case Reports
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Popular tourist design held invalid
17 February 2022
A design, which is no doubt familiar to most readers, has been held invalid by Recorder Douglas Campbell QC in a recent IPEC decision (here).BackgroundThe Claimant, Mr Erol, brought a claim against...
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Litigation
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Patenting
No points to KnitPro after application to challenge service in IPEC fails
07 February 2022
This judgment concerns a three-fold application by the Defendants (together "KnitPro") brought in the context of a long running trade mark dispute relating to knitting needles.
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Trademarking
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Litigation
Déjà vu in melatonin rematch as Neurim v Mylan (Take II) marches on in the UK
31 January 2022
With a back catalogue to rival Bob Dylan, the latest development in the Neurim – Mylan battle over Mylan's generic melatonin product saw Mr Justice Meade referee the trial of preliminary issues in...
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Oppositions
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Litigation
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Life
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Patenting
The Unitary Patent System is on the way
20 January 2022
We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle left to clear was sufficient countries ratifying the Protocol on the Provisional...
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Inventor as Expert, Unable to Ventilate Appropriate Evidence
30 December 2021
In Fleur Tehrani v Hamilton Bonaduz AG & Ors [2021] EWHC 3457 (IPEC), heard before the Intellectual Property Enterprise Court, ("IPEC") the court conducted an assessment of the validity of a patent...
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HealthTech
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Litigation
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Life
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Patenting
Oh Polly to pay substantial damages for unregistered design infringement
23 December 2021
BackgroundOriginal Beauty (“Claimants”) alleged infringement of their unregistered design rights under UK and EU law and that the defendants had passed off their brand “Oh Polly” (“Defendants”) as a...
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Developer’s Forensic Examination of Agreement Still Unsuccessful in Appeal Against Former Employer
22 December 2021
The Court of Appeal has upheld the first instance judgment in Penhallurick v MD5 Limited and agreed that MD5 Limited ("MD5") still owns the copyright of the works in this dispute; and thus dismissing...
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Duchess of Sussex held to be entitled to reasonable expectation of privacy and copyright in letter to father
10 December 2021
On 11 February 2021, the High Court ruled in favour of the Duchess of Sussex, Meghan Markle, in her dispute against Associated Newspapers over the publication of a number of articles in ‘The Mail on...
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High court holds on to jurisdiction in SEP cases
22 November 2021
IntroductionThe recent decision of the UK Supreme Court in the Unwired Planet v Huawei, and Conversant v Huawei & ZTE appeals which affirmed the UK court's jurisdiction to determine global FRAND...
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Litigation
Neurim presses on with UK action over insomnia patent despite parallel EPO proceedings
12 November 2021
Neurim has been allowed to continue its case in the UK, in which it is seeking an injunction against Defendant Mylan for selling its generic melatonin product, which Neurim says infringes its...
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Litigation
Rhodia v Neo: An exceptional course for confidentiality
28 October 2021
The UK High Court maintained "external eyes only" protection for a class of documents central to the Claimants' loss of profits claim in an inquiry as to damages.
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The Fight to Protect Copyright Content from Unlicensed Streaming Websites
27 October 2021
Columbia Pictures, Disney, Netflix & Ors v British Telecommunications, Sky, Virgin & Ors [2021] EWHC 2799 (Ch)The applicants (the "Studios") are members of popular studio groups who own the copyright...
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Litigation
Proud to be limitless
26 October 2021
Dear young Vanessa,I know you’re about to undergo another operation, in fact I’ve lost count. You were born with a congenital deformity, despite having many surgeries, it’s a long- term condition but...
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Stone v Wenman: The Trademark Battle of Two Spiritual Therapists, ‘Archangel Alchemy’
28 September 2021
Claire Stone (“Stone”) pursued a trademark infringement case against Alexandra Wenman (“Wenman”) for the use of the sign “ARCHANGEL ALCHEMY”. Wenman made a counter claim for passing off which...
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Litigation
Music copyright case discusses originality requirement
06 September 2021
Kelly-Marie Smith, a singer/songwriter and member of the Voice UK duo Nu-Tarna, brought a copyright action against nine defendants including members of the band “Rudimental” and James Newman.
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