Matthew Naylor - July 7, 2025 UPC Weekly - Extra time, suspensions and replays. Part II – suspensive effect 2025 Week 27 Last week, we looked at how the UPC deals with requests for extensions of time. This ...
Matthew Naylor - June 30, 2025 UPC Weekly - Extra time, suspensions and replays. Part I – extensions of time 2025 Week 26 This is the first in a miniseries of reviews of some hands-on, coalface practice of ...
Eliot Ward - June 23, 2025 UPC Weekly - 10x Genomics v. Curio Bioscience – When is an array no longer an array? 2025 Week 25 Düsseldorf Local Division follows its preliminary finding and decides that Curio’s kit ...
Matthew Naylor - June 16, 2025 UPC Weekly - Where have we got to with the UPC doctrine of equivalents? 2025 Week 24 It’s often the thorniest substantive question in patent litigation, and by extension ...
Matthew Naylor - June 9, 2025 UPC Weekly - Playing the longer game – patentee wins on the merits after a failed PI 2025 Week 23 Sometimes you need to know when to take a step back from enforcing your patent, and ...
Lucy Coe - June 2, 2025 UPC Weekly - Using parallel UPC and EPO proceedings as a strategic tool 2025 Week 22 As we enter the third year of the UPC, we are seeing more and more parallel UPC ...
Matthew Naylor - May 27, 2025 UPC Weekly - Juicer patent: no additives but no invention 2025 Week 21 In April 2024, Korean kitchen appliance firm Hurom launched patent infringement ...
Eliot Ward - May 19, 2025 UPC Weekly - ‘Off label’ and off the hook: UPC finds no infringement of second medical use patent 2025 Week 20 For many years, the EPO has recognised that the novelty and inventiveness of a ...
Matthew Naylor - May 12, 2025 UPC Weekly - UPC preliminary injunction proceedings – a big stick even if denied? 2025 Week 19 Your patent is valid and in force. The alleged infringement falls squarely inside the ...
Matthew Naylor - May 6, 2025 UPC Weekly - UPC Court of Appeal imposes preliminary injunction based on a fresh claim interpretation 2025 Week 18 The UPC Court of Appeal has had its fair share of preliminary injunction (PI) cases. A ...
Matthew Naylor - April 28, 2025 UPC Weekly - Costs at the UPC – some sharp edges to watch out for 2025 Week 17 This week we take a look at how the winning party at the UPC should apply for their ...
Matthew Naylor - April 22, 2025 UPC Weekly - The saisie out of the recycling bin 2025 Week 16 After an initial flurry and then a plateau, the cumulative number of applications for ...
Lucy Coe - April 14, 2025 UPC Weekly - Infringement of product-by-process at the UPC 2025 Week 15 Another first from the UPC this week – how to go about deciding on infringement and ...
Matthew Naylor - April 7, 2025 UPC Weekly - Hey, why don’t we all just use the problem-solution approach? 2025 Week 14 It’s been a big week at the UPC. So many decisions issued that normally it would be a ...
Matthew Naylor - March 24, 2025 UPC Weekly - Some plain speaking from the UPC – on its existence and ambushes 2025 Week 12 There used to be a great rule-of-thumb for reading the headlines of certain British ...
Matthew Naylor - March 17, 2025 Historical infringement at the UPC and selecting remedies à la carte 2025 Week 11 The UPC has already made it clear that you can sue for damages for patent infringement ...
Matthew Naylor - March 10, 2025 UPC Weekly - UPC Court of Appeal adds more colour to preliminary injunction decisions 2025 Week 10 We love having a couple of contrasting UPC decisions here at UPC Weekly. This time we ...
Matthew Naylor - March 3, 2025 UPC Weekly - The wood chipper, the restoration and the avalanche rescue sequel 2025 Week 9 There are three cases in the mix for discussion this week. First we look at an ...
Matthew Naylor - February 24, 2025 UPC Weekly - UPC Court of Appeal takes a new approach to assessing added subject matter 2025 Week 8 It has always been clear that the UPC Court of Appeal (UPC CoA) would have a hugely ...
Matthew Naylor - February 17, 2025 UPC Weekly - Secrets and files 2025 Week 7 One of the richest seams of UPC procedural case law so far is all about how parties can ...
Matthew Naylor - February 10, 2025 UPC Weekly - Two infringement actions, only one counterclaim for revocation, and an EPO opposition with rocket boosters 2025 Week 6 Lenovo/Motorola and Ericsson are battling it out in an ongoing global dispute about 5G ...
Matthew Naylor - February 3, 2025 UPC Weekly - The UPC’s long arm jurisdiction balances against a strict approach to validity 2025 Week 5 Long before the UPC opened its doors for business, there was speculation about whether ...
Matthew Naylor - January 27, 2025 UPC Weekly - No second bite of the cherry for an intervener at the UPC 2025 Week 4 In the usual run of patent litigation, there is a claimant and a defendant and the rest ...
Matthew Naylor - January 20, 2025 UPC Weekly - Damages and added matter at the UPC 2025 Week 3 The UPC has most definitely kicked into gear. Each week there are increasing numbers of ...
Eliot Ward - January 13, 2025 UPC Weekly - Alexion v Samsung & Amgen – Patentee’s attempted U-turn on claim interpretation foiled by UPC Court of Appeal 2025 Week 2 Tailoring one’s claim interpretation for the jurisdiction at hand can be a canny way of ...
Matthew Naylor - January 6, 2025 UPC Weekly - UPC transparency by numbers 2025 Week 1 How easy is it to get hold of documents from UPC cases? The easy answer “it depends” is ...
Matthew Naylor - December 30, 2025 UPC Weekly - Pay to play at the UPC 2024 Week 52 Both Apple and Google have recently succeeded in persuading the UPC Local Division ...
Matthew Naylor - December 23, 2024 UPC Weekly - UPC gets tough with penalty payment orders 2024 Week 51 Great – the UPC has just decided that your patent is valid and infringed. You get an ...
Matthew Naylor - December 16, 2024 UPC Weekly - The 9 second rule at the UPC 2024 Week 50 Does it matter who gets to the doors of the UPC first? Does it matter if you get there ...
Matthew Naylor - December 9, 2024 UPC Weekly - Very appealing – preliminary injunction overturned 2024 Week 49 SharkNinja have managed to persuade the UPC Court of Appeal to overturn a preliminary ...
Matthew Naylor - December 2, 2024 UPC Weekly - Front-loading and obviousness at the UPC 2024 Week 48 In NJOY v VMR, the UPC Central Division Paris revoked VMR’s patent EP 3456214 B2 on 27 ...
Matthew Naylor - November 25, 2024 UPC Weekly - UPC finds infringement using a doctrine of equivalents 2024 Week 47 Back in June 2024 (UPC Weekly 2024 week 23), we set out a few “known unknowns” – ...
Matthew Naylor - November 18, 2024 UPC Weekly - UPC dials up the advantages for patentees 2024 Week 46 We report this week on two new UPC decisions that make the UPC an even more attractive ...
Matthew Naylor - November 11, 2024 UPC Weekly - NJOY duel with Juul 2024 Week 45 5 November 2024 saw two decisions handed down by the UPC Paris Central Division (CD) ...
Matthew Naylor - November 4, 2024 UPC Weekly - All of the fizz and none of the squeeze 2024 Week 44 SodaStream v Aarke is a decision on the merits of an infringement case based on EP ...
Matthew Naylor - October 28, 2024 UPC Weekly - UPC confirms approach to inventive step for life science inventions 2024 Week 43 10x Genomics and NanoString have been duking it out at the UPC since the court opened ...
Matthew Naylor - October 21, 2024 UPC Weekly - Light emitting diode patent falls into a black hole of invalidity 2024 Week 42 Last week we did a deep dive into some LED technology to explain the decision of the ...
Matthew Naylor - October 14, 2024 UPC Weekly - A pro-patent decision on infringement and validity 2024 Week 41 This week we report on Seoul Viosys v Expert Klein, a full decision on infringement ...
Matthew Naylor - October 7, 2024 UPC Weekly - Costs: the UPC’s Big Lever 2024 Week 40 This week we report on a UPC Court of Appeal decision that focuses only on costs, and ...
Matthew Naylor - September 30, 2024 UPC Weekly - UPC Court of Appeal digs into the detail in a new preliminary injunction case 2024 Week 39 Outdoor equipment makers Ortovox and Mammut are locked in a UPC battle about avalanche ...
Matthew Naylor - September 23, 2024 UPC Weekly - The first UPC SEP injunction 2024 Week 38 On 13 September 2024, the UPC Munich Local Division handed down its decision in the ...
Matthew Naylor - September 16, 2024 UPC Weekly - Clearing the way can lead to UPC bifurcation and language complexities 2024 Week 37 Let’s say that you are a company based outside Europe and intend to launch a new ...
Matthew Naylor - September 9, 2024 UPC Weekly - UPC preliminary injunctions – a top-up 2024 Week 36 Just two weeks ago we reviewed UPC case law on preliminary injunctions (PIs), giving ...
Lucy Coe - September 2, 2024 UPC Weekly - Let’s brake for a minute, and talk about Tesla 2024 Week 35 Last week saw two decisions handed down from the UPC Local Divisions as part of ...
Emma Kennaugh-Gallacher - August 27, 2024 UPC Weekly - UPC Preliminary Injunctions – Background, Trends and Lessons Learned 2024 Week 34 No-one wants to be on the receiving end of a UPC preliminary injunction. The tussles ...
Matthew Naylor - August 19, 2024 UPC Weekly - Revisiting transparency of UPC proceedings 2024 Week 33 The UPC has been doing a lot of stuff right. Litigators praise the preparedness of the ...
Sean Jauss - August 12, 2024 UPC Weekly - Now let’s talk about saisies 2024 Week 32 There is no discovery at the UPC.
Matthew Naylor - August 5, 2024 UPC Weekly - UPC revocation versus EPO opposition – playing out in not-so-slow-mo 2024 Week 31 What happens when you have the same parties fighting over revocation of the same ...
Matthew Naylor - July 29, 2024 UPC Weekly - Where’s your UPC off-ramp? 2024 Week 30 Every litigator needs to have a clear view of the possible routes out of litigation. ...
Thomas Wolter - July 22, 2024 UPC Weekly - UPC Munich Central Division sets out a marker on how the UPC should approach inventive step 2024 Week 29 This week saw the first UPC decision on the merits issued in the long-running patent ...
Matthew Naylor - July 15, 2024 UPC Weekly - UPC Local Divisions - the reluctant bifurcators 2024 Week 28 This week we look at how the UPC is handling requests to split substantive ...
Matthew Naylor - July 8, 2024 UPC Weekly - UPC overturns EPO opposition division decision on the same prior art 2024 Week 27 In the race to be the first UPC division to produce a written decision on a main ...
Matthew Naylor - July 1, 2024 UPC Weekly - Three month delay fatal for a preliminary injunction application 2024 Week 26 On 3 June 2024, the UPC Local Division in Hamburg decided to refuse a preliminary ...
Matthew Naylor - June 24, 2024 UPC Weekly - UPC uses EPO approach to added subject matter 2024 Week 25 There was lots of UPC news to hold the interest this week but for me the standout was ...
Matthew Naylor - June 17, 2024 UPC Weekly - Opting-out from the UPC: the Who, the When and the Why 2024 Week 24 It seems like a long time ago now, but from March to May 2023, the “sunrise period” of ...
Matthew Naylor - June 10, 2024 UPC Weekly - Three Known Unknowns at the UPC 2024 Week 23 It’s a bit risky to write a blog where you hope it will go out of date quickly. But ...
Matthew Naylor - April 22, 2024 UPC Weekly - Language of proceedings at the UPC 2024 Week 16 This week we focus on the language of proceedings at the UPC, considering when the ...
Matthew Naylor - April 15, 2024 UPC Weekly - Time-dependent transparency of UPC proceedings? 2024 Week 15 The week saw the Court of Appeal issue its decision on public access to court file ...
Matthew Naylor - April 10, 2024 UPC Weekly - Mind your costs 2024 Week 14 The UPC Court of Appeal issued a collection of five appeal decisions on 3 April 2024 ...
Matthew Naylor - April 3, 2024 Public access to UPC proceedings When the UPC was set up, a basic tenet was set out in Article 45 of the UPC Agreement, that the ...
Tom Furnival - February 14, 2024 The major players in the SEP landscape in Europe Next in our series of blogs, we have investigated the major players in the SEP landscape in Europe.
Jacqueline Murphy - January 18, 2024 Design Rights: A powerful tool in the IP armoury We are pleased to launch our latest special report Design Rights: A powerful tool in the IP ...
Tom Furnival - December 19, 2023 How does declaring a patent or application as “essential to a standard” affect the pre-grant experience of an application? – Part 3 This article continues our series of blogs investigating whether or not declaring your patent or ...
Eliot Ward - October 4, 2023 UPC at four months old - a review The UPC is now four months old and the Court of First Instance is already quite busy. As of 4 ...
Sean Jauss - September 29, 2023 Beware the front-loaded procedure! The Unified Patent Court (‘UPC’) opened its doors on 1 June 2023. It is a new court in the European ...
Rebecca Anderson-Smith - September 1, 2023 Building an international Customs strategy for your pharma brand Counterfeit pharmaceuticals are a global problem and pose a significant threat to consumers and ...
Emily Sullivan - August 31, 2023 Understanding parallel import of pharmaceuticals in the EU – a quick guide to repackaging and relabelling of parallel imports for brand owners Parallel importing, the practice where third parties import branded goods already put on sale by ...
Tom Furnival - August 10, 2023 UPC as a forum for SEP disputes – Panasonic kick off proceedings With the UPC opening its doors just over two months’ ago, the IP profession has been keenly ...
Tom Furnival - August 7, 2023 How does declaring a patent or application as “essential to a standard” affect the pre-grant experience of an application? This article is the latest in a series of blogs exploring whether declaring your patent or ...
Rebecca Anderson-Smith - August 4, 2023 Court of Appeal confirms filing a trade mark cancellation action does not ‘stop the clock’ on acquiescence In our “Pharma trade marks: 2022 case law round up” (written towards the end of November 2022) we ...
Edward Couchman - August 1, 2023 US Supreme Court Upholds Tightening of Patent Enablement Standard In an eagerly awaited judgement, the US Supreme Court has affirmed the standard applied by the ...
Karolina Fryzlewicz - July 19, 2023 How to mobilize your IP rights in the fight against counterfeit goods: Customs Application for Action ‘Imitation is the sincerest form of flattery’ is a motto that does not fare well with intellectual ...
Thomas Wolter - July 6, 2023 Beating the Punch: UPC Protective Letters The Unified Patent Court (UPC) is now operational. As of June 1, 2023, patentees can enforce ...
David Fyfield - June 19, 2023 IPEC Small Claims moving to Manchester The Presiding Judge of the Intellectual Property Enterprise Court (‘IPEC’) has issued a Practice ...
Sean Jauss - March 14, 2023 Trade Secrets in practice As part of our Thought Leaders series, Mewburn Ellis Partner and Head of Legal Services Sean Jauss ...
Emma Kennaugh-Gallacher - September 21, 2022 Non-Fungible Tokens as legal property? The world of cryptocurrency is a fast-moving and complex one. Cryptocurrencies such as Bitcoin have ...
Charlotte Lynch - August 16, 2022 Standards, SEPs, and FRAND agreements - an overview The terms “standards,” “SEPs,” and “FRAND agreements,” are increasingly being mentioned in the ...
Emma Kennaugh-Gallacher - June 21, 2022 The Intellectual Property Enterprise Court – renovation, or a new coat of paint? Comments on the current functioning, and the future, of the IPEC.
Sean Jauss - November 12, 2021 LG Chem vs SK Innovation: law & politics in the EV market Sales of electric vehicles are booming. With global stock up from less than 1 million in 2014 to ...
Kate O'Rourke - September 14, 2021 Enforcement of Intellectual Property Rights X Fashion Industry: Fight fake fashion Combatting counterfeit goods is a key commercial and strategic consideration in the fashion ...
Karolina Fryzlewicz - September 10, 2021 Intellectual Property Rights X Fashion Shows: Brand protection on the “legal runway” In the fashion industry, intellectual property rights such as trade marks, copyright and design ...
Andy King - July 12, 2021 UEFA v The (European) Super League – intellectual property rights on the legal playing field On 18 April 2021, the proposal for a new mid-week competition for European football sent shockwaves ...
Frederick Steele - July 7, 2021 Courts and electronic bundling - bundled into the modern age The pandemic has forced many areas of society and business to adapt, and in the same way that we ...
Emma Kennaugh-Gallacher - June 28, 2021 Exhausted by Brexit? On 7 June 2021, the UK Intellectual Property Office (UKIPO) launched its consultation on the UK’s ...
Emma Kennaugh-Gallacher - May 21, 2021 Patent Settlement Agreements with a “Pay for Delay” element – restrictive ‘by object’? Almost two decades ago the European Commission (EC) launched a significant and far-reaching ...
Dan Thornton - December 17, 2020 Why building and nurturing an IP culture in your business is important Intellectual property (“IP”) – patents in particular – form a key pillar of many technology ...
Emma Kennaugh-Gallacher - November 6, 2020 COVID-19 rescue act or major overhaul of the UK insolvency framework? As we go into England’s second national lockdown of this COVID-19 pandemic, greater numbers of ...
Kate O'Rourke - September 1, 2020 The benefits of Corporate Social Responsibility (CSR) to brands and businesses Corporate Social Responsibility (CSR) is standard practice for most business. No matter what the ...
Emily Sullivan - August 10, 2020 Is Sky the limit in the David versus Goliath trade mark battle of the last decade? Hilda-Georgina Kwafo-Akoto examines the potential implications of Sky v Skykick.
Sean Jauss - August 4, 2020 Who has the power? We recently discussed signing documents and deeds using e-signatures as a result of the COVID-19 ...
Andy King - July 29, 2020 ®egistration and/or use of a trade mark – an automatic defence in the UK to trade mark infringement claims? It is quite a common and perfectly reasonable assumption by some clients that by registering a ...
Kate O'Rourke - July 29, 2020 The Intellectual Property Enterprise Court - ongoing success for brand owners Since 1990 businesses seeking to defend their intellectual property (IP) rights in the UK have had ...
Victoria Coleman - July 21, 2020 UK formally withdraws from the UPC In a statement to Parliament on 20 July 2020, the government formally confirmed the UK’s withdrawal ...
Sean Jauss - June 24, 2020 A shake up in legal advice privilege: protect your client-lawyer communications! Legal privilege is not an area of law that changes much. But the recent case of CAA v Jet2.com has ...
Rebecca Anderson-Smith - June 8, 2020 Zombie trade marks: overcoming the pitfalls of resurrecting a brand Have you ever fondly remembered a brand from your youth and wished you could get your hands on ...
Frederick Steele - May 22, 2020 Electronic signatures, “the new normal”? The COVID-19 pandemic and resulting social distancing has meant that in-person signing of documents ...
Sean Jauss - May 20, 2020 Fashion and the coronavirus (COVID-19) pandemic: brand protection should never go out of style The fashion industry like all other industries is navigating unprecedented economic challenges. ...
Joe McAlary - May 11, 2020 Packaging – why a design registration could help protect your look The food and drink sector is a notoriously crowded and competitive market and having visually ...
Kate O'Rourke - May 6, 2020 Counterfeit contagion: fraudulent activities spread amid coronavirus (COVID-19) The COVID-19 outbreak has caused disruption to manufacturing operations on a global scale. Lockdown ...
Andrew Pitts - April 24, 2020 Governments look to protect companies from IP enforcement during the coronavirus (COVID-19) pandemic A large effort is underway globally to ensure that there are enough mechanical ventilators ...
Emily Sullivan - April 22, 2020 The CJEU delivers the sweet fragrance of victory to Amazon On 2 April 2020 the Court of Justice of the European Union (CJEU) delivered its preliminary ruling ...
Rebecca Anderson-Smith - April 9, 2020 Why a "COVID-19” trade mark should be rejected The COVID-19 pandemic has undoubtedly forced us all to adapt our lives and business practices in ...
Rebecca Anderson-Smith - March 19, 2020 Parallel imports of pharmaceuticals – A UK trade mark perspective The UK parallel import licensing scheme lets a medicine authorised in another EU Member State be ...
Willum Wytenburg - March 16, 2020 Coronavirus (COVID-19) Extension at the EPO: Not ALL deadlines extended! Part 2 of this blog was published on 17 April 2020. Please read for the latest information. News ...
Kate O'Rourke - March 9, 2020 When the sky is not the limit: Issues facing businesses when expanding services and products Conflicting views on the legitimacy of filing trademarks with broad lists of goods and services ...
Rebecca Anderson-Smith - March 3, 2020 What’s in a name? Enforcing trade mark rights and the own name defence Clothing and accessories brand Hugo Boss has recently found itself making headlines, and probably ...
Andy King - February 20, 2020 Sky v Skykick - status quo remains for trade mark owners Background Sky, the TV, broadcasting, media and telecommunications giant, brought infringement and ...
Kate O'Rourke - December 2, 2019 The Aboriginal flag dispute in focus: who owns the right to use? The Australian government is considering whether to compulsorily acquire the rights to use the ...
Sean Jauss - August 13, 2019 Understanding Europe’s trade secret rules Companies invest in developing or acquiring intellectual capital to gain a competitive or ...
Andy King - July 31, 2019 Cultural (mis)appropriation in trademarks: can (and should) you register culturally sensitive names? Andy King, Partner and Trademark Attorney at Mewburn Ellis, discusses the controversial issue of ...
Sean Jauss - June 14, 2019 Conducting due diligence and audits on intellectual property rights You conduct due diligence of intellectual property (IP) rights to check what is being sold or ...
Matthew Smith - February 15, 2019 Building an IP portfolio: Nine tips for success Companies need to think carefully about how they protect, manage and leverage the various ...
