The Latest on The UPC
Injunction granted in 10x Genomics v NanoString
The UPC Local Division in Munich handed down a decision on 19 September 2023 following a hearing over two days on 5/6 September 2023, granting a provisional injunction against NanoString to restrain infringement of EP4108782 of which 10x Genomics is th...
Knowledgebase
Analysis and Guidance
Who is first to file?
Sanofi-Aventis Deutschland GmbH & Others v Amgen Inc - Order of 24 August 2023 Background On the opening day of UPC, 1 June 2023, Amgen sued Sanofi for infringement of EP 3,666,797 in the Munich local division and on the same day Sanofi sought ...
Terminology at the Unified Patent Court
The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the Case Management System, some issues of terminology a...
UPCA - Harmonisation of Infringement
Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across Europe[1], on the basis that, ostensibly: 1) Articles 25-2...
The UPC: I've done nothing about it - will it be okay?
Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC. Lodging an opt-out request before 1st June 2023 ensured that you ha...
Winds of Change: Taking Advantage of The New Unitary Patent
As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology. The new option of “Unitary effect” can provide a cost-effective route to protection in ma...
The limits of an “opt-in” to the UPC – How and when can national actions block the way back to the UPC?
Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIME Immediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an “opt-out” from the Court’s competence. Less d...
EIP Amar webinar - Prepare for the UP and UPC
On 21 and 22 March a panel from EIP Amar hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent Court. You can listen to the webinar here.