Case Reports
UPC Case Reports
Splitting proceedings in respect of multiple defendants in different jurisdictions
10 May 2024
Panasonic Holdings Corporation v Xiaomi Inc et al UPC_CFI_218/2023, 219/2023 and 223/2023 Orders of 6 May 2024[1] Panasonic has sued multiple defendants from the Xiaomi group of companies for patent...
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UPC
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Recent cases
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Other procedural aspects
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Service of actions
UPC Court of Appeal Confirms Deadline to Appeal Orders
01 May 2024
AIM Sport Vision v Supponor UPC_CoA_500/2023 Order of 26 April 2024 (ORD_23089/2024) There has been confusion in some of the first instance divisions of the Unified Patent Court as to whether certain...
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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
UPC emphasises importance of formal service
22 April 2024
Daedalus Prime v. Xiaomi and others Order of 18 April 2024 ORD_20986/2024[1] Daedalus Prime LLC filed a patent infringement action based on EP2792100 at the UPC local division in Hamburg.
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UPC
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Recent cases
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Service of actions
Variable Views on Confidentiality
19 April 2024
In recent months the Local Divisions of Mannheim, Paris and Düsseldorf have given guidance on access to confidential material. These judgments address the procedure for protecting confidential...
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UPC
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Recent cases
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Confidentiality
Bringing an action following preservation of evidence
15 April 2024
Progress Maschinen & Automation AG v AWM Srl and Schnell S.p.A (UPC_CFI_286/2023 and 287/2023) Order dated 8 April 2024 (ORD_9710/2024)[1] Progress Maschinen & Automation AG ("PMA") filed...
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UPC
Adding a patent to existing proceedings
11 April 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order[1] of Court of Appeal on 11 March 2024 (UPC_CoA_44/2024); Appeal against ORD_593106/2024 of the CFI panel dated 18 January...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
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Time limits
Error in Defendant not Fatal to Revocation Claim
09 April 2024
Juul Labs International, Inc. v. NJOY Netherlands B.V. (UPC_CoA_433/2023, UPC_CoA_435/2023, UPC_CoA_436/2023, UPC_CoA_437/2023, UPC_CoA_438/202)[1] Orders of 3 April 2024 (ORD_598223/2023,...
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UPC
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Recent cases
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Other procedural aspects
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Revocation
UPC Refuses to Admit Further Amendment Requests
08 April 2024
Meril Italy v Edwards Lifesciences UPC_CFI_255/2023 (Revocation action at Paris Central Division) Order of 28 February 2024 (ORD_7283/2024)[1] This order relates to the action brought by Meril Italy...
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UPC
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Recent cases
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Amendments and subject matter extensions
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Other procedural aspects
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Revocation
C-KORE v Novawell Follow-up to the evidence preservation order: Paris Local Division explains the rules for reviewing such an order
08 April 2024
Procedural order of 1 March 2024 (UPC_CFI_397/2023) As previously mentioned, C_KORE Systems Limited ("C_KORE") is the proprietor of the patent EP 2265793 relating to the testing of subsea apparatus...
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UPC
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Recent cases
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Preservation of evidence
Joining a party
13 March 2024
Seoul Viosys., Ltd v Laser Components SAS (UPC_CFI_440/2023) Order dated 12 February 2024 (ORD_3311/2024) In this infringement case before the Paris Local Division the defendant, Laser Components...
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UPC
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Recent cases
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Appeal
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Intervention
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Other procedural aspects
Looking out for the little guy: the UPC’s approach on ordering security for costs on SMEs
11 March 2024
Plant-e Knowledge B.V. & Plant-e B.V v. Arkyne Technologies S.L. (UPC_CFI_239/2023) Order delivered on 13 February 2024 (ORD_586897/2023) Background The proceedings in this case are an infringement...
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UPC
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Recent cases
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Security for costs
Should a stay be ordered?
08 March 2024
10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...
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UPC
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Recent cases
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Appeal
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Suspension (stay) of proceedings
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
07 March 2024
In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...
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UPC
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Recent cases
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Appeal
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Inventive step
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Provisional injunction
A caution on the availability of extensions
05 March 2024
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...
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UPC
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Recent cases
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Revocation
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Time limits
Access to documents – representation
20 February 2024
Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...
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UPC
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Recent cases
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Access to documents
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Representation
Other Case Reports
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Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc
29 March 2012
In today's IPKat, Darren Smyth analyses the decision in Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc, a case which started as an action for a declaration of invalidity of...
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Life
AstraZeneca patent revoked for obviousness
29 March 2012
In a decision on 22 March in Teva and ors v AstraZeneca concerning a patent on a sustained release formulation of an anti-psychotic drug, Mr Justice Arnold revoked the patent due to obviousness.
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Life
UK Government confirms Patent Box scheme
27 March 2012
Chancellor George Osborne confirmed in his 2012 Budget that the proposed Patent Box scheme will go ahead.When fully phased in, the rate of Corporation Tax on profits attributed to patents will be 10%.
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Life
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Patent Strategy
EPO publishes draft version of revised Guidelines for Examination 2012
26 March 2012
The European Patent Office (EPO) has published the draft version of revised Guidelines for Examination 2012 online.Partner Darren Smyth casts his eye over the draft version in his latest IPKat post.
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Elements
Compulsory licensing in India – Must products be manufactured locally?
16 March 2012
The first compulsory licence of an Indian patent since the TRIPS regime was implemented in India has been awarded. Although the licence relates to a pharmaceutical product, the grounds on which the...
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Life
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Patent Strategy
TRIPS and compulsory licensing
15 March 2012
Following on from his IPKat post about India granting its first compulsory licence, Darren Smyth explores what limitations the TRIPS agreement puts on compulsory licensing in his latest blog.
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Life
India grants first compulsory licence
14 March 2012
The first compulsory licence has been granted by the Controller of Patents Mumbai.The application concerns the anti-cancer drug Sorafenib, a patented drug owned by Bayer Corporation.
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Life
Scientific publishing: learned society journals v commercial alternatives
09 March 2012
The subject of today's IPKat post - The Cost of Knowledge - by Darren Smyth concerns a campaign against Elsevier, the publisher of academic journals.
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Elements
EPO Boards of Appeal: recent decisions
05 March 2012
Recent decisions of the Boards of Appeal of the EPO are now updated continuously on the EPO website.In today's IPKat blog, Darren Smyth highlights some noteworthy cases from the first two months of...
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Elements
Owning Community registered design provides no protection from infringement proceedings
02 March 2012
SummaryThe Court of Justice of the European Union (CJEU) has confirmed that owning a Community registered design (CRD) does not provide a defence to an infringement action relating to earlier CRDs.
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
EPO and Google launch patent translation service
29 February 2012
The European Patent Office (EPO) has launched a new patent translation service which uses Google's Translate technology.Reported by partner Darren Smyth via his IPKat blog, the service initially...
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Elements
Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor – Self-perpetuating references to the CJEU
24 February 2012
Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.
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Litigation
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Life
Colour and Composition: Just how relevant are they?
23 February 2012
The issues of colour and composition form the basis of the questions referred to the CJEU by the Court of Appeal in this case of Specsavers International Healthcare & ors v Asda Stores Ltd.
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Trademarking
Legitimate to improve your position in litigation by obtaining a new trademark registration – confirmation by UK Court of Appeal
17 February 2012
The Court of Appeal has confirmed that it can be acceptable to improve your position in litigation by obtaining a new trademark registration in the period between the start of infringing acts and...
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Trademarking
IPKat: Latest posts by Darren Smyth
13 February 2012
Partner Darren Smyth has made his second and third posts since joining the IPKat as a guest blogger.What is obvious - the route or the destination? is about the approach taken by patent offices to...
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Elements
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