Case Reports

A caution on the availability of extensions

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...

Technology and Climate change

Key points The transition to green energy may reduce the cost of energy as renewable energy becomes cheaper than fossil fuels for most applications. Cheaper energy will support future technology.

A Year in Patents - Part 4/4: Back to School—and Back to Exams

Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. This is the final instalment of the series.

IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits

Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark "mercury" in relation to high...

Access to documents – representation

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...

Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute

Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited ("CCL") for a declaration of non-infringement of EP (UK) 1...

Financial penalties for disclosure of confidential information

In this article we discuss two cases which address financial penalties for breach of confidentiality. Krauss-Maffei Extrusion GmbH v Troester GmbH & Co KG (UPC_CFI_181/2023) Order of 27 December 2023...

Deletion of “claim-like” clauses: an EPO Board of Appeal allows them to remain in the granted patent (T 0438/22)

Summary A recent decision T 0438/22 from the EPO's Boards of Appeal questions the justification for the EPO's Guidelines for Examination requirement that "claim-like" clauses in the description of...

Discretionary review or appeal?

Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order of Court of Appeal on 11 January 2024 (UPC_CoA_486/2023); Appeal against ORD_588901/2023 dated 11 December 2023 Huawei sued...

Discretion allowing in expert declarations

Sanofi-Aventis Deutschland GmbH & Ors v Amgen Inc (UPC_CFI_1/2023) Order dated 24 January 2024 (ORD_2233/2024) The pleadings in this revocation action had progressed to the rejoinder by defendant...

EPO Board of Appeal applies the G2/21 test for post-published evidence

The EPO Board of Appeal decision on T 0852/20 has recently been published. It is another decision using the new test under G 2/21, which set out when post-published evidence can be relied upon for...

AARKE AB v SODASTREAM Industries Ltd., Order of 16 January 2024

Background In a dispute between Aarke AB, a Swedish company, and SodaStream Industries Ltd, an Israeli company, Aarke, as the defendant to infringement proceedings, successfully applied to change the...

Claim construction at the UPC

For a European patent to be granted, the claims must be "clear and concise". However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity...

EX PARTE PI GRANTED

Ortovox Sportartikel GmbH vs Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 11 December 2023[1] Introduction Ortovox Sportartikel GmbH (in the following...

Abbott v Dexcom [2024] EWHC 36 (Pat)

Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has...