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 ...
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 ...
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 ...
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 ...
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 ...
Sean Jauss - July 5, 2023 Litigation in the Unified Patent Court (UPC) The UPC is a new European patent litigation court. It will provide a single forum for the ...
Sean Jauss - June 27, 2023 UPC Administrative Committee approves Milan as host of the third Central Division court The UPC Administrative Committee has announced that Milan will host the third seat of the UPC’s ...
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 ...
Karolina Fryzlewicz - June 8, 2023 Katy Perry v Katie Perry: Use of famous personalities’ names in commerce Brand owners who build brands under their own name unsurprisingly attach great importance to how ...
Emily Sullivan - June 2, 2023 EUIPO vs “EMMENTALER” Trade mark courts worldwide spend a good deal of time deciding what trade marks cheese ...
Rebecca Anderson-Smith - April 20, 2023 High Court finds Tesco Clubcard Prices logo infringes Lidl’s trade mark The High Court of England and Wales yesterday (19 April 2023) held that Tesco has been infringing ...
Jacqueline Murphy - November 29, 2022 Patent Litigation Trends in England & Wales - new report We are delighted to release our latest report Patent Litigation Trends in England and Wales.
Matthew Naylor - September 23, 2022 UPC: Rules of Procedure finalised and in force The Unitary Patent Court now has a revised set of Rules of Procedure. These came into force on 1 ...
Urs Ferber - March 16, 2021 Patent litigation in Germany - an overview Germany – Europe’s largest economy – is an important market with respect to sales and investments ...
Andy King - March 15, 2021 A perfect score for British Gymnastics at IPEC The national governing body (NGB) for gymnastics in the UK, British Gymnastics, has announced that ...
Joe McAlary - February 22, 2021 HALLOUMI v BBQLOUMI – General Court rules that there is no likelihood of confusion In a long running dispute over the marks “HALLOUMI” and “BBQLOUMI”, the General Court, having had ...
Christoph Moeller - December 1, 2020 Düsseldorf Regional Court refers Nokia vs. Daimler licensing dispute to CJEU As anticipated, the Düsseldorf Regional Court, in its decision Nokia ./. Daimler (4c O 17/19) ...
Tanis Keirstead - November 27, 2020 Further constitutional challenges to Unified Patent Court Agreement On 26 November 2020, the German Bundestag approved the ratification bill for the Unified Patent ...
Andy King - October 22, 2020 Three-dimensional Ferrari trade mark driven to partial cancellation EUIPO Cancellation Division partially cancels trade mark consisting of a three-dimensional ...
Andy King - September 18, 2020 Bad Faith at the UK IPO – a review of recent cases The recent Sky v SkyKick case has put a renewed focus on the issue of “bad faith” at the UK IPO. ...
Rebecca Anderson-Smith - September 18, 2020 Banksy’s ‘Flower Thrower’ trade mark cancelled for bad faith A recent decision of the European Union Intellectual Property Office (EUIPO) has seen a trade mark ...
Nick Sutcliffe - September 11, 2020 Pepper decision means conventionally bred plants and animals get a chilli reception at the EPO Dr Ben Tolley and Dr Nick Sutcliffe of the Life Sciences team look at the extensive ramifications ...
Andy King - September 11, 2020 Jaguar Land Rover unable to defend three-dimensional trade mark before the UK High Court UK High Court (HC) upholds decision of UK IPO to refuse registration of Jaguar Land Rover (JLR)’s ...
Karolina Fryzlewicz - August 27, 2020 General Court annuls the decision of EUIPO Board of Appeal in invalidity case involving Louis Vuitton’s well-known chequerboard print General Court (GC) in Case T-105/19 confirms EUIPO Board of Appeal (BoA) is not precluded from ...
Tom Furnival - August 26, 2020 Unwired Planet v Huawei – the Supreme Court’s FRAND(ly) judgement Published Wednesday 26th August 2020, the Supreme Court has handed down their long anticipated ...
Simon Kiddle - August 20, 2020 Oppositions & Appeals: we helped clear a new path to patenting dosage regimes Case 10 – T 1020/03 (EPO Board of Appeal, 29 October 2004)
Christoph Moeller - August 18, 2020 Nokia vs. Daimler - FRAND defence does not apply Breaking News in Nokia vs. Daimler (2 O 34/19) - (FRAND/SEP case)
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.
Sofia Arenal - July 28, 2020 Oreo vs Twins - the biscuit wars Since 2015, two major biscuit manufacturers, have been doing battle, first at the EUIPO and then on ...
Seán Walton - July 24, 2020 Oppositions & Appeals: novelty of a patient sub-population Case 9 – T 734/12 (EPO Board of Appeal, 17 May 2013)
Christoph Moeller - July 15, 2020 Landmark judgement in German FRAND case Sisvel vs. Haier On May 5, 2020, the Cartel Senate of the German Federal Supreme Court (BGH) held the oral hearing ...
Nick Sutcliffe - June 29, 2020 Supreme Court confirms strict line on insufficiency in the UK On 24 June 2020, the UK Supreme Court (UKSC) confirmed the UK courts’ strict approach to sufficient ...
Simon Kiddle - June 29, 2020 Oppositions & Appeals: we helped determine the meaning of “surgery” Case 8 – T 1695/07 (EPO Board of Appeal, 28 September 2011)
Andy King - June 18, 2020 Life after Skykick: where next for wide specification filings at the UK IPO and EU IPO? This article examines some of the issues around the concept of use and intention to use a trade ...
Simon Kiddle - May 18, 2020 Oppositions & Appeals: We helped shape the debate on medical use claim patentability Case 7 – T 879/12 (EPO Board of Appeal, 27 August 2014)
Thomas Driver - May 14, 2020 BREAKING: G3/19 – an end to the plant patentability saga? On 14 May 2020, the Enlarged Boards of Appeal of the European Patent Office released their decision ...
Simon Kiddle - April 27, 2020 Oppositions & Appeals: We moved the conversation on animal involvement Case 6 – T 1262/04 (EPO Board of Appeal, 13 July 2012)
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 ...
Tanis Keirstead - March 26, 2020 German Constitutional Court Verdict: Stumbling Block or Death Knell for the UPC? On 20 March 2020, three years after the challenge was originally brought, the German Constitutional ...
Seán Walton - March 12, 2020 Oppositions & Appeals: We set the standard for the strawman Case 5 - T 649/92 (EPO Enlarged Board of Appeal, 2 July 1996)
Rebecca Anderson-Smith - March 5, 2020 Latest in Halloumi trade mark dispute In July 2014, Bulgarian company M. J. Dairies EOOD filed a European Union trade mark application ...
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 ...
Richard Clegg - February 12, 2020 Oppositions & Appeals: we opened the door for different types of data to support a medical use Case 4 - T 801/06 (EPO Board of Appeal, 4 March 2009)
Simon Kiddle - January 29, 2020 Oppositions & Appeals: We made the case for a new technical effect Case 3 - T 1642/06 (EPO Board of Appeal, 23 August 2007)
Sean Constable - January 17, 2020 EPO Board of Appeal confirms Broad Institute’s CRISPR patent lacks priority and upholds revocation decision In one of the most high profile cases of recent years, a European Patent Office (EPO) Board of ...
Andy King - December 4, 2019 Rubik’s Cube trade mark in puzzling General Court decision This article was originally published on the CITMA website. View the original article here. Ruling ...
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 ...
Rebecca Anderson-Smith - November 27, 2019 General Court annuls incorrect interpreted specification of trade mark We are delighted to report that our client Alliance Pharmaceuticals Limited has been successful in ...
Seán Walton - November 11, 2019 Oppositions a case to remember: we forced a fuller view of technical features Case 1 – T 1859/08 ( EPO Board of Appeal, 5 June 2016)
Katherine Green - October 30, 2019 Oppositions - a case to remember. Flexibility around added matter Case 2 – T 0099/13 (EPO Board of Appeal, 14 January 2016)
Tom Furnival - August 7, 2019 A case in point - Trunki vs Kiddee Rob Law, the founder and chief executive of Magmatic who make the Trunki product, said that the ...
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 ...
Kate O'Rourke - June 21, 2019 Three-stripes and you’re out: Adidas lose trade mark battle Adidas’ famed three-stripe logo has been deemed as lacking “distinctive character”. The General ...
Rebecca Anderson-Smith - April 3, 2019 Babybel trade mark blow The UK Intellectual Property Office (UKIPO) has dealt a blow to the owners of Babybel cheese, ...
Emma Kennaugh-Gallacher - January 28, 2019 Google issued with €50 million fine by CNIL for data protection practices The French counterpart to our own Information Commissioner, the Commission nationale de ...
Rebecca Anderson-Smith - December 6, 2018 Significant blow to Cadbury in purple trade mark battle Cadbury has been dealt a blow by the Court of Appeal in its battle to maintain its trade mark for ...
Callum Anderson - August 1, 2017 UK Supreme Court Establishes Doctrine of Equivalents in Actavis v Lilly In many jurisdictions a product or process may be held to infringe even though it falls outside the ...
