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 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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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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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 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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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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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 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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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 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 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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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 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

Protecting Artificial Intelligence Inventions in the UK
25 March 2021
Last year, the UK IPO called for views on the relationship between Artificial Intelligence (AI) and the intellectual property (IP) system. On 23 March 2021, the UK IPO published their response to the...
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EPO Revocation helps Mylan sleep Neurim’s win from right under them
16 March 2021
In the latest bout between Neurim v Mylan in this pharmaceutical patent case concerning the treatment of insomnia and what looks to be Round 5 in the court room, on 12 March 2021, the English Patents...
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Reality check for patenting computer-implemented simulations at the EPO
15 March 2021
In its decision G1/19 (Simulations), the Enlarged Board of Appeal of the EPO has confirmed that it is business as usual when assessing the patentability of computer-implemented inventions, even when...
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UK Patent Box scheme set to become an even more valuable tax benefit
12 March 2021
The UK Patent Box scheme is set to become an even more valuable tax benefit in the near future. With Chancellor Rishi Sunak's announcement of higher corporate tax rates from 2023, larger and more...
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Ocado permitted to make committal application against solicitor for contempt of court
01 March 2021
Ocado Group PLC & Anr v Raymond John McKeeve [2021] EWCA Civ 145Court of Appeal overturns first instance judge and allows application to commit solicitor for contempt of courtThis is an appeal...
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Litigation
Court of Appeal adopts narrow interpretation of Crown use defence in IPCom v Vodafone
23 February 2021
IPCom GmbH v Vodafone Group plc & Ors [2021] EWCA Civ 205This case involves a dispute between IPCom, an intellectual property licensing company, and Vodafone, the well-known telecommunications...
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HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
23 February 2021
Penhallurick v MD5 Limited [2021] EWHC 93 (IPEC) 15 February 2021This case demonstrates the importance of understanding how work undertaken for an employer shapes copyright ownership and, ironically,...
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EIP Trademark team recognised by WTR 1000 2021
16 February 2021
EIP has been highlighted as one of the world’s leading trademark specialists in the 2021 edition of WTR 1000.Researchers for WTR 1000, published annually by World Trademark Review, references EIP’s...
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Trademarking
Bringing sufficiency within range: Birss J recasts the Regeneron principles for process claims
15 February 2021
Illumina Cambridge Limited v Latvia MGI Tech SIA & Ors[2021] EWHC 57 (Pat)The case centres on Illumina's contention that MGI's DNA sequencing systems infringe their patents.
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Success for EIP litigation team and client Optis against Apple
22 October 2020
Last Friday, 16October 2020, judgment was handed down by Mr Justice Birss in the High Court, London, in the first of four technical trials listed in EIP client Optis’ UK patent litigation and...
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Litigation
Chambers UK 2021 recognises EIP’s expertise
22 October 2020
EIP has been highly rated in the 2021 edition of Chambers & Partners UK.Researchers highlighted EIP for its “excellent patent prosecution and oppositions practice” and its “highly capable trademark...
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Litigation
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Digital
Five EIP associates recognised as UK’s up-and-coming IP practitioners in MIP Rising Stars
21 October 2020
Litigation solicitors Tom Brazier and Catherine Howell along with patent attorneys Robert Barker, Tim Belcher, and Felix Hall have all been ranked as “Rising Stars” in the 2020 edition of IP Stars...
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Litigation
EPO Enlarged Board considers products obtained by essentially biological processes unpatentable – U turn to avoid EPC amendment?
21 May 2020
The Enlarged Board of Appeal at the European Patent Office has now provided its opinion in G3/19 abandoning the interpretation of Article 53 (b) EPC given in previous decision G2/12.
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Life
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
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