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
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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