Case Reports

UPC Case Reports

UPC Court of Appeal Clarifies Jurisdiction on indirect infringement
10 September 2024
Aylo Premium Ltd, Aylo Billing Limited and Aylo Freesites Ltd v Dish Technologies and Sling TV UPC_CoA_188/2024 Order of 3 September 2024 ORD_42716/2024[1] Dish is the proprietor of EP 2479680 and...
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UPC
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Recent cases
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Jurisdiction
UPC Refuses Provisional Injunction finding imminent infringement not substantiated
09 September 2024
Novartis AG and Genentech, Inc. v Celltrion Inc. UPC_CFI_166/2024 Novartis AG and Genentech, Inc. v Celltrion Healthcare Hungary Kft., Celltrion Healthcare Deutschland GmbH, Celltrion Healthcare...
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UPC
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Recent cases
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Infringement
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Jurisdiction
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Provisional injunction
UPC Jurisdiction over Ireland: Not so fast says Court of Appeal
22 August 2024
On 19 August 2024, the Court of Appeal (CoA) of the Unified Patent Court issued its order (UPC_CoA_388/2024 APL_39884/2024) on an application for suspensive effect in the appeal by Sibio Technology...
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UPC
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Recent cases
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Appeal
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Provisional injunction
Mannheim Local Division Finally Dispenses with Service by Hague Procedure
15 August 2024
Panasonic Holdings Corporation v Xiaomi H.K. Limited (UPC_CFI_330/2024, UPC_CFI_332/2024 and UPC_CFI_335/2024) Orders of 1 August 2023 (ORD_44601/2024, ORD_44597/2024, ORD_44656/2024)[1] Panasonic...
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UPC
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Recent cases
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Service of actions
Costs orders at UPC
14 August 2024
Two recent decisions highlight procedural points to be aware of when seeking costs. VusionGroup SA (formerly SES-imagotag SA) v Hanshow Germany GmbH & Ors (UPC_CFI_292/2023; UPC_COA_1/2024) Court of...
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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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Provisional injunction
Steps needed following evidence preservation order
13 August 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023; UPC_COA_177/2024) Court of Appeal Order dated 23 July 2024 (ORD_36778/2024) [1] Progress Maschinen &...
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UPC
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Recent cases
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Appeal
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Preservation of evidence
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Time limits
Paris central division maintains cold chain monitoring patent in amended form
12 August 2024
Bitzer Electronics A/S v Carrier Corporation (UPC_CFI_263/2023) Decision of 29 July 2024 (ORD_598395/2023) [1] This decision concerns a revocation action brought at the Paris central division by...
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UPC
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Recent cases
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Inventive step
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Novelty
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Other procedural aspects
UPC Orders Provisional Injunction on Mushroom Strain
12 August 2024
Amycel LLC v Szymon Spyra (UPC_CFI_195/2024) Order of 31 July 2024 (ORD_44133/2024) [1] Amycel LLC is the proprietor of EP 1993350, which is directed towards a specific mushroom strain, defined by...
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UPC
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Recent cases
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Infringement
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Novelty
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Permanent injunction
Double/twofold “appropriateness-test” applied by Local Division The Hague in Procedural Order concerning R. 109 RoP
01 August 2024
Szymon Spyra v. Amycel LLC (UPC_CFI_195/2024) Procedural Order delivered on 25 June 2024 (ORD_35405/2024) In a procedural order from the UPC, the Local Division The Hague has decided on a...
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UPC
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Recent cases
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Language
Paris central division maintains Edwards patent in amended form
30 July 2024
Meril Italy Srl and two other Meril entities v Edwards Lifesciences Corporation (revocation action UPC_CFI_255/2023 and counterclaims for revocation UPC_CFI_15/2023) Decision of 19 July 2024...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Inventive step
Paris local division revokes DexCom patent
05 July 2024
DexCom, Inc. v Abbott Laboratories and nine other Abbott entities (UPC_CFI_230/2023) Decision of 4 July 2024 (ORD_37297/2024) [1] The second decision on the merits from the UPC, following just a day...
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UPC
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Recent cases
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Infringement
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Inventive step
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Jurisdiction
Düsseldorf Local Division issues the first UPC decision on the merits and grants injunction in seven UPC member states
04 July 2024
Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG (UPC_CFI_7/2023) Decision of 3 July 2024 (ORD_598324/2023 [1]) concerning EP 3 375 337 B1 Franz Kaldewei GmbH & Co.
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UPC
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Recent cases
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Infringement
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Inventive step
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Novelty
Abbott v. Sibio: a tale of two applications for provisional measures
26 June 2024
The Hague Local Division of the Court of First Instance of the UPC has recently issued two decisions concerning provisional measures involving the same parties - the Patentee Applicant, Abbott...
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UPC
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Recent cases
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Jurisdiction
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Provisional injunction
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

Other Case Reports

Patentability of computer programs - High Court judgment gives rise to useful examples of a “technical effect”
31 July 2012
(HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789).A further decision in the so-called “smartphone wars” was issued by the High Court recently in relation to a patent dispute between HTC Europe Co Ltd...
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Litigation
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Digital
IPKat: Further analysis of Generics (t/a Mylan) v Yeda and Teva
18 July 2012
In addition to an earlier summary by Darren Smyth of the ruling in Generics (t/a Mylan) v Yeda and Teva, Darren has provided further analysis for the IPKat.
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Litigation
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Life
IPKat: Ruling in Generics (t/a Mylan) v Yeda and Teva
11 July 2012
Today’s ruling by Mr Justice Arnold (Patents Court, England and Wales) in Generics (t/a Mylan) v Yeda and Teva has been summarised by Darren Smyth for the IPKat.
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Litigation
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Life
Samsung victorious in dispute with Apple over tablet computers
09 July 2012
Samsung has won a longstanding battle with Apple concerning one of Apple's Registered Community Designs for its tablet computers.The decision is significant because it represents the first...
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Litigation
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Digital
Confidential Information, In house lawyers and former employees – who has the burden of proof?
05 July 2012
Generics (UK) Ltd v Yeda Research & Development Co Ltd & Teva Pharmaceutical Industries[2012] EWCA Civ 726The Court of Appeal has overturned an injunction that prevented an in-house patent attorney...
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Litigation
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Life
Darren Smyth's time as IPKat guest blogger comes to an end
02 July 2012
Partner Darren Smyth's role as one of the IPKat's guest bloggers has come to a conclusion after six months.He will continue to post intermittently to the IPKat and more regularly to his Blog on EIP...
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Elements
IPO seeks views on helping SMEs get value from their IP
25 June 2012
The UK Intellectual Property Office (IPO) is seeking comments on its proposals to offer support to SMEs to maximise the value of their IP assets.
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Patent Strategy
Apple v Samsung tablet design case latest
20 June 2012
The litigation between Apple and Samsung about tablet computers and the alleged infringement of a (Community) Registered Design has been taking place in the High Court this week.
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Digital
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
23andMe's first patent causes a rift with customers
19 June 2012
A recent IPKat post by Darren Smyth highlights the adverse consumer reaction to the issuance of a patent to a US company 23andMe which offers to sequence your genome and tell you about its...
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Life
Referrals to the Enlarged Board of Appeal over procedural matters: a good use of EBA resources?
18 June 2012
In a recent IPKat post, Darren Smyth ponders whether the Boards of Appeal of the European Patent Office should be referring cases to the Enlarged Board of Appeal on matters of procedural...
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Elements
Smith & Nephew v Convatec Technologies
15 June 2012
Darren's Smyth's latest IPKat post concerns an action by Smith & Nephew to revoke a patent owned by Convatec Technologies for antimicrobial wound dressings impregnated with silver.
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Elements
'Tomato' patent case at the EPO results in second referral to the Enlarged Board
07 June 2012
The European Patent Office (EPO) has referred a case relating to dried tomatoes to the Enlarged Board of Appeal for a second time.In his latest IPKat post, EIP's Darren Smyth discusses the most...
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Elements
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – guidance on litigation before the Patents County Court
20 April 2012
In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for...
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Litigation
Registered Community Designs: reasons for refusal
19 April 2012
The OHIM has begun publishing information about Registered Community Design applications that have been refused.The designs themselves are not shown, but the grounds for refusal are now being made...
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
Sanofi-Aventis patents on cancer drug Taxotere declared invalid
11 April 2012
Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.
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Litigation
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Life
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