Case Reports
UPC Case Reports
UPC grants provisional injunction ex parte on motorbike helmet intercoms system
13 January 2025
Cardo Systems, Ltd. v Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co. Limited (UPC_CFI_643/2024 relating to EP4240194) Order of 5 November 2024...
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Uniphy
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UPC
Provisional Injunction on Lice Treatment
10 January 2025
G. Pohl-Boskamp GmbH & C. KG v pharma-aktiva GmbH and others UPC_CFI_541/2024 Order of 20 December 2024 (ORD_67522/2024) The claimant G. Pohl-Boskamp GmbH & C.
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UPC
Successful appeal deprives penalty payment of basis
10 January 2025
Nanostring v 10x Genomics UPC_CoA_470/2023 Order of 10 December 2024 (ORD_598533/2023) As we previously reported, the Munich Local Division of the UPC imposed a penalty payment against Nanostring for...
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UPC
UPC grants penalty payment for non-compliance with production order
09 January 2025
Koninklijke Philips N.V. ("Philips") v Belkin International, Inc., Belkin GMBH and Belkin Limited (collectively "Belkin") - UPC_CFI_390/2023 relating to EP 2867997 B1 Order of 18 December 2024 -...
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Uniphy
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UPC
UPC grants provisional injunctions on rotary electric engines
13 December 2024
Valeo v Magna (UPC_CFI_368/2024 relating to EP3320604 and UPC_CFI_347/2024 relating to EP3320602) Orders of 31 October 2024 (ORD_56534/2024[1] and ORD_56545/2024[2]) Valeo Electrification sought...
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UPC
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Recent cases
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Provisional injunction
Security for the Claimant in Revocation Action
07 November 2024
KINEXON SPORTS & MEDIA GMBH vs BALLINNO B.V. (UPC_CFI_230/2024, Revocation Action No. ACT_27358/2024) Order of the CFI of the UPC Paris Central Division dated 14 October 2024 (ORD_47273/2024)[1] The...
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UPC
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Recent cases
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Security for costs
Sodastream prevails against competitor Aarke in an infringement dispute
05 November 2024
SodaStream Industries Ltd. v Aarke AB (UPC_CFI_373/2023) Decision of 31 October 2024 (ORD_598499/2023) [1] concerning EP 1 793 917 Sodastream (in the following "Claimant") and Aarke (in the following...
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UPC
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Recent cases
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Infringement
10x Genomics patent revoked
24 October 2024
NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC 252/2023) Decision of 17 October, 2024 (ORD_598480/2023[1]) This decision from the Central Division in Munich...
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UPC
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Recent cases
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Revocation
Philips successfully asserts wireless charging patent at the UPC
23 October 2024
Koninklijke Philips N.V. v. Belkin GmbH, Belkin Limited, Belkin International, Inc. (UPC_CFI_390/2023) Decision of 13 September 2024 (ORD_598464/2023)[1] Philips asserted their patent EP 2867997[2],...
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UPC
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Recent cases
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Infringement
Intervention by patent pool administrator permitted
22 October 2024
NEC Corporation v TCL Communication Technology Holdings Ltd. & Others (UPC_CFI_153/2024) Order dated 2 October 2024 (ORD_46842/2024)[1] NEC Corporation ("NEC") sued seven companies within the TCL...
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UPC
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Recent cases
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Intervention
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Representation
Lisbon Local Division Refuses Provisional Injunction due to Delay
21 October 2024
Telefonaktiebolaget LM Ericsson v Asustek Computer Inc, Arvato Netherlands B.V., Digital River Ireland Ltd. (UPC_CFI_317/2024) Decision of 15 October 2024 (ORD_52116/2024[1]) This judgment relates to...
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UPC
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Recent cases
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Provisional injunction
UPC rules that in house lawyers cannot act as UPC representatives
16 October 2024
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation (UPC_CFI_164/2024) Order of 16 September 2024 (ORD_41174/2024)[1] This decision of the Paris Central Division of the UPC arose in...
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UPC
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Recent cases
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Representation
Central Division (Paris seat) issues the first decision by default in a revocation proceeding
14 October 2024
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. (UPC_CFI_412/2023) Order dated 16 September 2024 (ORD_51965/2024) concerning EP 2 796 333 The patent in suit EP 2 796 333 relates to...
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UPC
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Recent cases
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Revocation
UPC Court of Appeal Confirms Provisional Injunction for Ortovox
04 October 2024
Mammut vs Ortovox Court of Appeal Luxembourg Order of 25 September 2024 [1] UPC_CoA_182/2024, APL_21143/2024 Introduction In its order dated 09 April 2024, the Düsseldorf Local Division reviewed the...
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UPC
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Recent cases
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Appeal
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Infringement
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Provisional injunction
Hamburg Local Division grants ex parte provisional injunction based on exhibition at IFA trade fair 2024 in Berlin
26 September 2024
Koninklijke Philips N.V. v Shenzhen Yunding Information Co., Ltd. (UPC_CFI_516/2024) ORD_50890/2024 dated 9 September 2024 concerning EP 3 197 316 After visiting trade fair IFA 2024, which started on...
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UPC
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Recent cases
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Provisional injunction
Other Case Reports
Post-sale confusion is relevant and potentially damaging
23 March 2011
A recent UK court decision has concluded that, in appropriate circumstances, post-sale confusion could be used to demonstrate a likelihood of confusion when potential trademark infringement was being...
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Trademarking
To be, or not to be, that is the European patent
22 March 2011
It seems a single EU patent, covering all the EU Member States other than Spain and Italy, may become a reality. How this would be litigated, however, remains unclear.
No items found.
Post-grant amendment, Court discretion and narrowing scope for wider rights
18 March 2011
A recent High Court decision demonstrates that a post-grant amendment may still be rejected in the UK at the discretion of the court. The amendment was rejected as even though the scope of the...
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Digital
Registering Trademarks To Improve Your Position In Litigation
04 March 2011
Two of the numerous factors to be weighed when deciding on UK or European Community (CTM) registration are: intent to use: still a prerequisite for a valid UK application, although not a CTM;speed of...
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Trademarking
Counterfeits in Transit: The Advocate General's Opinion
28 February 2011
It is not uncommon for counterfeit goods to pass through the EU in transit to their final destination. This raises the question of whether such goods fall within the jurisdiction of the EU, and can...
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Trademarking
The latest dispatches from the Budweiser wars
25 February 2011
Advocate General Verica Trstenjak recently gave her opinion on questions referred to the European Court of Justice by the UK Court of Appeal regarding the latest dispute in the complex on-going...
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Trademarking
Put up or shut up: Nokia vs IPCom
23 February 2011
This appeal decision demonstrates the importance of considering potential patent amendments early in litigious proceedings. The appeal was concerned with two patents which were part of a larger...
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Digital
Simon Stanes blogs for The IPKat on the cancellation of Innocent smoothie trademarks
01 January 1970
Simon Stanes, the head of EIP Brands, has posted as a guest blogger for The IPKat following the cancellation of two CTM registrations owned by the makers of Innocent smoothies.
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Trademarking
Simon Stanes blogs for The IPKat on the Budweiser dispute
01 January 1970
Simon Stanes, the head of EIP Brands, has contributed to a post on The IPKat blog following a ruling by the General Court in what could be the end to the long-running Budweiser trademark dispute.
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Trademarking
Rare diseases - are there sufficient incentives to develop treatments?
01 January 1970
To mark Rare Disease Day 2012, Darren Smyth's latest IPKat post has a topical theme.Darren highlights the pharmaceutical industry's reluctance to develop treatments for rare diseases where there is...
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Life
America Invents Act – Important Changes to US Patent Law
01 January 1970
The biggest changes to US patent law since 1952 have recently been signed into law by president Obama, in the form of the America Invents Act.
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Patent Strategy
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