The Latest on The UPC
UPC Court of Appeal Confirms Deadline to Appeal Orders
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 judgments constitute a “Decision” wh...
UPC emphasises importance of formal service
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. While some of the named defendants were located in EU count...
Variable Views on Confidentiality
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 material a party wishes to rely upon, but reach varyin...
Bringing an action following preservation of evidence
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 applications for preserving evidence and...
Adding a patent to existing proceedings
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 2024[2] following ORD_593105/2023 and ORD_587438/20...
Error in Defendant not Fatal to Revocation Claim
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, ORD_598225/2023, ORD_598224/2023, ORD_598226/2023, ORD_598227/...
UPC Refuses to Admit Further Amendment Requests
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 for revocation of Edwards’ patent EP 3646 8...
C-KORE v Novawell Follow-up to the evidence preservation order: Paris Local Division explains the rules for reviewing such an order
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 and as such has obtained, on 14 November...
Joining a party
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 SAS, sought to add a third party, Photon Wave Co. L...
(Non)-Bifurcation at the UPC
Plant-e, Plant-e Knowledge v. Arkyne Technologies S.L. UPC_CFI_239/2023 Order of 15 February 2024 (ORD_8243/2024)[1] The issue of whether the UPC would bifurcate, namely try a patent infringement case separately from the related counterclaim for re...
Looking out for the little guy: the UPC’s approach on ordering security for costs on SMEs
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 action between Plant-e Knowledge B.V. and it...
Should a stay be ordered?
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 preliminary injunction against the Defendants, Nan...
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
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 overturned. Previously the first instance court found...
A caution on the availability of extensions
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2023 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division by BMW AG (“the Respondent”) agains...
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 under Rule 262.1(b) for inspection of the s...
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 (ORD_588593/2023) The patent in this actio...
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 Netgear in Munich Local Division for infringemen...
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 (Rule 43.1(d)). Such rejoinder is “limited...
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 language of the proceedings from German to English...
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 “Applicant”) owns the EP 3 466 49...
Requirements for an intervention
In the matter of an appeal by Ocado Innovation Limited and applications to intervene by (1) Mathys & Squire LLP and (2) Bristows (Ireland ) LLP Order of Court of Appeal dated 10 January 2024 By Order of 17 October 2023, the Nordic Baltic region...