The Latest on The UPC
Hamburg Local Division grants ex parte provisional injunction based on exhibition at IFA trade fair 2024 in Berlin
Koninklijke Philips N.V. v Shenzhen Yunding Information Co., Ltd. (UPC_CFI_516/2024) ORD_50890/2024 dated 9 September 2024 concerning EP 3 197 316 After visiting trade fair IFA 2024, which started on 6 September 2024 in Berlin, claimant and patent...
UPC LD Munich further defines the limits for issuing a preliminary injunction
Syngenta v Sumi Agro UPC_CFI_201/2024 Order dated 27 August 2024 ORD_47657/2024[1] Syngenta Limited (“Syngenta”) applied for a preliminary injunction against Sumi Agro (“Sumi”). Syngenta is the proprietor of European patent ...
A Late Challenge: PI refused for alleged VAR infringement
Ballinno B.V. v UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH UPC_CFI_151/2024 Order of 3 June 2024 ORD_39782/2024[1] Whilst thoughts of Euro ’24 may be starting to slip into the past (thankfully for the English, and even more thankf...
UPC Orders Provisional Injunction in relation to barcode reading software
Hand Held Products, Inc. v Scandit AG UPC_CFI_74/2024 Order of 27 August 2024 ORD_46277/2024[1] The claimant Hand Held Products, Inc. is the proprietor of EP3866051, registered as a Unitary Patent, claiming a device and a method for reading barcode...
UPC Refuses Provisional Injunction finding imminent infringement not substantiated
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 Belgium SPRL, Celltrion Healthcare France SAS, Celltrio...
UPC Jurisdiction over Ireland: Not so fast says Court of Appeal
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 Limited and Umedwings Netherlands BV (Sibio) against a...
Costs orders at UPC
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 Appeal Order dated 29 July 2024 (ORD_38645...
Abbott v. Sibio: a tale of two applications for provisional measures
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 Diabetes Care, Inc., and the Defendants, Sibio Technology L...
UPC Court of Appeal Confirms no Provisional Injunction for VusionGroup
VusionGroup SA (formerly SES-imagotag SA) v Hanshow UPC_CoA_1/2024 Order of 13 May 2024 (ORD_17447/2024)[1] SES-imagotag SA, which in the meantime has changed its name to VusionGroup SA, was refused a provisional injunction by the Munich local divi...
REVIEW of EX PARTE PI
Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 09 April 2024[1] Introduction In its order dated 11 December 2023, the Düsseldorf Local Division (in the following “LD”) granted an ex ...
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...
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...
UPC Declines to Grant Provisional Injunction
SES-imagotag SA v Hanshow Technology Co. Ltd. and others UPC_CFI_292/2023 Order of 20 December 2023 (ORD_596193/2023)[1] SES-imagotag is the proprietor of EP 3883277, which had been opted out of the jurisdiction of the UPC, then this opt out was wi...
Penalty Payment Ordered in 10x Genomics v Nanostring
10x Genomics, President & Fellows of Harvard College v Nanostring Technologies Inc and others, UPC_CFI_2/2023, Order of 5 December 2023 [1] ORD_ 577241/2023 Following the grant of a provisional injunction on 19 September 2023 (served on the parti...
Coffee machine litigation leads to early defeat for patentee
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v ALPINA COFFEE SYSTEMS GmbH, Order of 13 September 2023[1] In a case before the Vienna Local Division, the patent holder, CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG alleged that Alpina C...
Opt-out Withdrawal Ineffective: Choices have Consequences!
AIM Sport Vision AG v Supponor Oy & Others (UPC_CFI_214/2023) Decision of 20 October 2023 (ORD_572699/2023 and ORD_5821/2023) Facts & Main Arguments These proceedings before the Unified Patent Court Helsinki Division were in respect of E...
10x Genomics not successful second time around
On the same day that the decision granting 10x Genomics a provisional injunction against NanoString on the basis of the unitary patent EP4108782 was announced (19 September 2023), there also took place a hearing to consider a further provisional injunc...
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...
