Case Reports

UPC Case Reports

Related actions filed in different UPC divisions
01 April 2025
biolitec Holding GmbH & Co. KG v Light Guide Optics Germany GmbH, S.I.A. LIGHTGUIDE International (UPC_CFI_714/2024) Order of 12 February 2025 (ORD_68717/2024[1]) On 20 November 2024, the Claimant...
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Recent cases
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Infringement
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UPC
Independence of representatives
28 March 2025
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_COA_563/2024; APL_53716/2024) Appeal Order of 10 February 2025 (APL_68946/2024)[1] The Appellant ("Suinno") filed an...
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UPC
Security for costs refused in revocation action
24 March 2025
AYLO PREMIUM LTD v DISH Technologies L.L.C. (UPC_CFI_198/2024) Order of 18 February 2025 (Order no. ORD_59528/2024[1]) Written by Emily Williams The Central Division (Paris Seat) has rejected a...
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UPC
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Recent cases
UPC’s jurisdiction extends to acts before UPCA came into force
21 March 2025
Esko-Graphics Imaging GmbH v XSYS Germany GmbH, XSYS Prepress N.V, XSYS Italia S.r.l. Order of 10 February 2025 (UPC_CFI_483/2024)[1] The Defendants filed a preliminary objection arguing that the UPC...
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UPC
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Recent cases
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Jurisdiction
Standing to bring a claim is not an issue which can be dealt with as a preliminary objection
21 March 2025
GXD-Bio Corporation v Myriad Genetics S.r.l and others[1] (UPC_CFI_437/2024) Order of 14 February 2025 (ORD_68782/2024)[2] The claimant brought an action before the UPC Local Division in Munich...
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UPC
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Recent cases
UPC Expedites Proceedings by Prioritising Resolvable Issues
21 March 2025
Advanced Bionics and two other Advanced Bionics entities v. MED-EL Elektromedizinische Geräte GmbH (Revocation action UPC_CFI_338 /2023 and counterclaim for revocation UPC_CFI_410/2023) Decision of...
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UPC
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Recent cases
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Revocation
Ceiling for recoverable costs still applies in the case of multiple Defendants
18 March 2025
Imbox Protection A/S v. Brunngård Group AB & Footbridge Group AB (UPC_CFI_527/2024) Order of 17 February 2025 (Order no. ORD_68981/2024[1] relating to EP 2 276 862) The Stockholm Local Division of...
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UPC
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Recent cases
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Costs
UPC Claimant Out of Time to Amend: Esko-Graphics Imaging GmbH v. XSYS Germany GmbH & ors
18 March 2025
Order of 28 February 2025 (Order no. ORD_3085/2025)[1] (UPC_CFI_483/2024) The Claimant had brought a claim against the Defendants for infringement of EP 3 742 231 ("the Patent"), relating to...
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Uniphy
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UPC
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Recent cases
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Infringement
UPC dismisses infringement claim for network switches
10 March 2025
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc. (UPC_CFI _58/2024 relating to EP2201740B1) Decision of 19 February 2025 (ORD_65550/2024 [1]) This Decision from the Hamburg Local...
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Uniphy
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UPC
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Recent cases
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Infringement
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Revocation
Claimant ordered to provide security for costs, denied legal aid
12 February 2025
UPC_CFI_224/2024 & UPC_CFI_786/2024 Decision of 27 January 2025 (Order no. ORD_4250/2025, Order no. ORD_4288/2025) The UPC ruled that the Claimant in an infringement proceeding must provide security...
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UPC
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Recent cases
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Security for costs
UPC finds infringement in LED lighting case
11 February 2025
Swarco Futurit Verkehrssignalsysteme GmbH v. Strabag Infrastructure & Safety Solutions GmbH, Chainzone Technology (Foshan) Co., Ltd (UPC_CFI_33/2024) Decision of 15 January 2024 (Order no.
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UPC
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Recent cases
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Infringement
Ortovox vs Mammut
07 February 2025
Local Division Düsseldorf Order dated 14th January 2025 UPC_CFI_16/2024, ACT_2379/2024, ORD_63035/2024[1] Infringement Action and Counterclaim for Revocation Background There is a procedural history...
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UPC
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Recent cases
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Infringement
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Revocation
Decisions by Default granting Provisional Injunctions
05 February 2025
air up group GmbH v Guangzhou Aiyun Yanwu Technology Co., Ltd. UPC_CFI_508/2023 and UPC_CFI_509/2023 Decisions by default of 9 January 2025 (ORD_1359/2025[1] and ORD_1378/2025[2]) The claimant...
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UPC
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Recent cases
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Provisional injunction
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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Uniphy
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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

Other Case Reports

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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