Case Reports

UPC Case Reports

Defective opt out allows revocation action to proceed at the UPC
13 June 2024
Toyota Motor Europe NV/SA v Neo Wireless GbmH & Co KG (UPC_CoA_79/2024) Appeal against Order no. 597664/2023[1] in case UPC_CFI_361/2023 of the Central Division, Paris seat Order of 4 June 2024...
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UPC
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Recent cases
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Appeal
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Jurisdiction
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Opt out
The Unified Patent Court Turns 1 - Discover the Impact
06 June 2024
Darren Smyth provides a summary of the first year of the UPC's operation.
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UPC
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Analysis
UPC Court of Appeal guidance on stay
31 May 2024
BITZER Electronics A/S v Carrier Corporation (UPC_CFI_263/2023; UPC_CoA_22/2024) Order of 28 May 2024 (ORD_25123/2024)[1] Carrier Corporation is the proprietor of European Patent EP 3 414 708 valid...
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UPC
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Recent cases
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Suspension (stay) of proceedings
Security for Costs
28 May 2024
Ballinno B.V. v Union des Associations Européennes de Football (UEFA), Kinexon GmbH and Kinexon Sports & Media GmbH (UPC_CFI_151/2024) Order of 14 May 2024 (ORD_23557/2024)[1] Ballinno B.V.
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UPC
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Recent cases
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Appeal
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Costs
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Security for costs
UPC rules it has jurisdiction in cases where a claim is brought in violation of a contract
23 May 2024
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH (UPC_CFI_589997/2023) Order of 10 May 2024 (ORD_7903/2024) [1] Tandem Diabetes Care, Inc & Tandem Diabetes Care...
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UPC
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Recent cases
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Jurisdiction
UPC allows intervention by Licensee
22 May 2024
Seoul Viosys Co., Ltd. v. expert klein GmbH, expert e-Commerce GmbH (UPC_CFI_363/2023) Order of 22 April 2024 (ORD_5343/2024)[1] Seoul Viosys sued expert klein GmbH and expert e-Commerce GmbH for...
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UPC
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Basic
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Infringement
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Intervention
Interpretation allowed only at party’s own cost
21 May 2024
CEAD B.V. & CEAD USA B.V. v BEGO Medical GmbH (UPC_CFI_367/2023) Order of 10 May 2024 (ORD_24708/2024)[1] The UPC is an international system in which a large number of languages may be employed, and...
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UPC
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Recent cases
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Language
UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup
17 May 2024
VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused...
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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
Access to documents from revocation action
17 May 2024
NJOY Netherlands B.V. v Juul Labs International, Inc. (UPC_CFI_316/2023); Application for access to documents by Nicoventures Trading Limited Order dated 24 April 2024 (ORD_587436/2023)[1] NJOY...
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UPC
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Recent cases
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Access to documents
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Appeal
SEP Litigation and Self-Inflicted Disclosure Orders
17 May 2024
Panasonic Holdings Corporation v. Xiaomi Technology Germany GmbH & Ors (UPC_CFI_ 219/2023): Order of 30 April 2024 (ORD_14600/2024) [1] In an unusual turn of events, Panasonic successfully applied to...
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UPC
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Recent cases
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Disclosure
Language change not allowed if not language of the patent
16 May 2024
F. Hoffman-La Roche AG, Roche Diabetes Care GmbH v Tandem Diabetes Care, Inc, Tandem Diabetes Care Europe B.V., VitalAire GmbH, Dinno Santé s.a.i., Air Liquide Healthcare Nederland B.
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UPC
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Recent cases
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Language
Unchallenged claims of patent cannot be amended
16 May 2024
Carrier Corporation v. BITZER Electronics A/S UPC_CFI_263/2023 Order of 30 April 2024 (ORD_24607/2024)[1] BITZER Electronics filed a revocation action on 29 June 2023 against EP 3414708 at the Paris...
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UPC
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Recent cases
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Amendments and subject matter extensions
Composition of appeal panel and access to documents
15 May 2024
Ocado Innovation Limited v Autostore AS & Others (UPC_CoA_404/2023) Order dated 10 April 2024 (ORD_19369/2024)[1] A member of the public requested access to documents under Rule 262.
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UPC
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Recent cases
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Access to documents
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Appeal
REVIEW of EX PARTE PI
13 May 2024
Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 09 April 2024[1] Introduction In its order dated 11 December 2023, the Düsseldorf Local Division (in the...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Language change refused by the UPC
13 May 2024
MED-EL v Advanced Bionics (UPC_CFI_410/2023) Order of 15 April 2024 (ORD_13321/2024)[1] MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. filed an infringement action in the German language at...
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UPC
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Recent cases
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Language

Other Case Reports

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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