Recent decisions from various UPC divisions provide valuable guidance for parties seeking to amend their cases or patents. The decisions emphasize that it is crucial for parties to know how to distinguish between the rules...more
One of the known challenges in litigation against defendants domiciled outside the EU is effecting service. In some instances, this can take a very long time, due to the formal requirements and slowness of the respective...more
The UPC decides that the defendant’s financial situation and location matter.
On 30 October 2023, the Munich Central Division of the UPC (the Court) issued an order stating that NanoString must provide security to Harvard...more
12/20/2023
/ Enforcement Actions ,
EU ,
Ex Parte ,
Intellectual Property Protection ,
Life Sciences ,
Litigation Fees & Costs ,
Patent Litigation ,
Patents ,
Revocation ,
UK ,
Unified Patent Court
Important decisions abound as the UPC navigates the still often unchartered waters of its Rules of Procedure (RoP).
We recently discussed two orders by the Munich Division where third-party access requests based on...more
On 18 October 2023, the Düsseldorf local division of the UPC in myStromer vs. Revolt Zycling (UPC_CFI_177/2023) imposed a EUR26,500 penalty on Revolt for breaching a preliminary injunction. This is the first penalty payment...more
In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more
10/19/2023
/ European Patent Office ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Revocation ,
Trade Secrets ,
Unified Patent Court
The decision concerns the time of filing and admissibility of a revocation action at the Central Division when a parallel infringement action is filed at a local division (Art. 33(4) UPCA). Art 33(4) UPCA states that...more
8/25/2023
/ Amgen ,
Amgen v Sanofi ,
Appeals ,
Dismissals ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Luxembourg ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Revocation ,
Sanofi-Aventis
The Unified Patent Court (UPC) recently announced the appointment of 21 new technically qualified judges (TQJ) to the pool of judges of the pan-European court.
The new TQJs are mainly judges from technical courts and IPOs...more
G1/23 – EPO Enlarged Board of Appeals of the EPO “available” (referral from T 0438/19) -
Under which circumstances can the public prior use of a product constitute prior art for novelty or inventive step[s], specifically...more
When, finally, the UPC goes live on 1 June 2023, it will be a game changer for European patent litigation. The UPC will improve efficiencies for organisations who usually litigate in multiple European jurisdictions. With one...more
In this episode of our Exclusively Life Sciences webinar series, our experts from our EU team will share best practices for innovators to protect their competitive advantage when generics enter the market....more
In our latest blogpost of 20 January 2022, we discussed the kick-off to the preparatory phase for the actual start of the Unified Patent Court (UPC). We are now one step closer to the actual start: on 8 July, the...more
On 22 February 2022, the Administrative Committee (AC) of the UPC held its inaugural meeting. The AC elected Mr Alexander Ramsay as Chair of the Committee as well as Mr Johannes Karcher (German Ministry of Justice) as...more
The European Commission has quietly announced on its website the launch of an initiative to create a unitary SPC....more
On 19 January 2022, the Unified Patent Court (UPC) came to life as an international organisation. Now, the preparatory phase for the official start of the UPC system can begin....more
Technical Board of Appeal (“TBA”) No. 3.3.02 is about to refer a question to the Enlarge Board of Appeal (“EBA”) to determine whether post-published data should always be disregarded in the assessment of inventive step when...more
When process patents are infringed, patent owners are often faced with considerable problems of providing proof of infringement. Effective enforcement is further impeded by the strict requirements set by German case law for...more