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UPC Weekly - Extra time, suspensions and replays. Part III – rehearings
Matthew Naylor - July 14, 2025

UPC Weekly - Extra time, suspensions and replays. Part III – rehearings

2025 Week 28 Over the last couple of weeks, we have looked at how the UPC deals with requests for ...

UPC Weekly - Extra time, suspensions and replays. Part II – suspensive effect
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 ...

UPC Weekly - Extra time, suspensions and replays. Part I – extensions of time
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 ...

UPC Weekly - 10x Genomics v. Curio Bioscience – When is an array no longer an array?
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 ...

UPC Weekly - Where have we got to with the UPC doctrine of equivalents?
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 ...

UPC Weekly - Playing the longer game – patentee wins on the merits after a failed PI
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 ...

UPC Weekly - Using parallel UPC and EPO proceedings as a strategic tool
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 ...

UPC Weekly - Juicer patent: no additives but no invention
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 ...

UPC Weekly - ‘Off label’ and off the hook: UPC finds no infringement of second medical use patent
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 ...

UPC Weekly - UPC preliminary injunction proceedings – a big stick even if denied?
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 ...

UPC Weekly - UPC Court of Appeal imposes preliminary injunction based on a fresh claim interpretation
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 ...

UPC Weekly - Costs at the UPC – some sharp edges to watch out for
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 ...

UPC Weekly - The saisie out of the recycling bin
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 ...

UPC Weekly - Infringement of product-by-process at the UPC
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 ...

UPC Weekly - Hey, why don’t we all just use the problem-solution approach?
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 ...

UPC Weekly - Some plain speaking from the UPC – on its existence and ambushes
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 ...

UPC Weekly - UPC Court of Appeal adds more colour to preliminary injunction decisions
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 ...

UPC Weekly - The wood chipper, the restoration and the avalanche rescue sequel
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 ...

UPC Weekly - UPC Court of Appeal takes a new approach to assessing added subject matter
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 ...

UPC Weekly - Secrets and files
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 ...

UPC Weekly - Two infringement actions, only one counterclaim for revocation, and an EPO opposition with rocket boosters
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 ...

UPC Weekly - The UPC’s long arm jurisdiction balances against a strict approach to validity
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 ...

UPC Weekly - No second bite of the cherry for an intervener at the UPC
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 ...

UPC Weekly - Damages and added matter at the UPC
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 ...

UPC Weekly - Alexion v Samsung & Amgen – Patentee’s attempted U-turn on claim interpretation foiled by UPC Court of Appeal
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 ...

UPC Weekly - UPC transparency by numbers
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 ...

UPC Weekly - Pay to play at the UPC
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 ...

UPC Weekly - UPC gets tough with penalty payment orders
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 ...

UPC Weekly - The 9 second rule at the UPC
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 ...

UPC Weekly - Very appealing – preliminary injunction overturned
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 ...

UPC Weekly - Front-loading and obviousness at the UPC
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 ...

UPC Weekly - UPC finds infringement using a doctrine of equivalents
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” – ...

UPC Weekly - UPC dials up the advantages for patentees
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 ...

UPC Weekly - NJOY duel with Juul
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) ...

UPC Weekly - All of the fizz and none of the squeeze
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 ...

UPC Weekly - UPC confirms approach to inventive step for life science inventions
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 ...

UPC Weekly - Light emitting diode patent falls into a black hole of invalidity
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 ...

UPC Weekly - A pro-patent decision on infringement and validity
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 ...

UPC Weekly - Costs: the UPC’s Big Lever
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 ...

UPC Weekly - UPC Court of Appeal digs into the detail in a new preliminary injunction case
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 ...

UPC Weekly - The first UPC SEP injunction
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 ...

UPC Weekly - Clearing the way can lead to UPC bifurcation and language complexities
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 ...

UPC Weekly - UPC preliminary injunctions – a top-up
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 ...

UPC Weekly - Let’s brake for a minute, and talk about Tesla
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 ...

UPC Weekly - UPC Preliminary Injunctions – Background, Trends and Lessons Learned
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 ...

UPC Weekly - Revisiting transparency of UPC proceedings
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 ...

UPC Weekly - Now let’s talk about saisies
Sean Jauss - August 12, 2024

UPC Weekly - Now let’s talk about saisies

2024 Week 32 There is no discovery at the UPC.

UPC Weekly - UPC revocation versus EPO opposition – playing out in not-so-slow-mo
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 ...

UPC Weekly - Where’s your UPC off-ramp?
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. ...

UPC Weekly - UPC Munich Central Division sets out a marker on how the UPC should approach inventive step
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 ...

UPC Weekly - UPC Local Divisions - the reluctant bifurcators
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 ...

UPC Weekly - UPC overturns EPO opposition division decision on the same prior art
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 ...

UPC Weekly - Three month delay fatal for a preliminary injunction application
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 ...

UPC Weekly - UPC uses EPO approach to added subject matter
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 ...

UPC Weekly - Opting-out from the UPC: the Who, the When and the Why
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 ...

UPC Weekly - Three Known Unknowns at the UPC
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 ...

Unitary patent and UPC to cover Romania from 1 September 2024
Eliot Ward - June 5, 2024

Unitary patent and UPC to cover Romania from 1 September 2024

The first enlargement of the UPC and Unitary Patent (UP) territory will happen on 1 September 2024, ...

1st Anniversary of the UPC – some stats!
Sean Jauss - June 3, 2024

1st Anniversary of the UPC – some stats!

The Unified Patent Court (UPC) celebrated its first anniversary on 1 June 2024. The Court is busy. ...

UPC Weekly - Should we stay or should we go on?
Matthew Naylor - June 3, 2024

UPC Weekly - Should we stay or should we go on?

2024 Week 22 This week we report on the UPC revocation action in Bitzer v. Carrier and the related ...

UPC Weekly - Let’s talk about costs
Matthew Naylor - May 28, 2024

UPC Weekly - Let’s talk about costs

2024 Week 21 This week we focus how the UPC is dealing with requests for security for costs and the ...

UPC Weekly - UPC Court of Appeal confirms their own case law on claim interpretation but sidesteps question of file wrapper estoppel
Matthew Naylor - May 20, 2024

UPC Weekly - UPC Court of Appeal confirms their own case law on claim interpretation but sidesteps question of file wrapper estoppel

2024 Week 20 The UPC Court of Appeal have issued another decision on a preliminary injunction – ...

UPC Weekly - High bar to challenge the jurisdiction of the UPC
Matthew Naylor - May 13, 2024

UPC Weekly - High bar to challenge the jurisdiction of the UPC

2024 Week 19 This week saw the UPC issue two decisions about its own jurisdiction. Where a ...

UPC Weekly - Preliminary injunctions at the UPC – get your defence ready
Matthew Naylor - May 7, 2024

UPC Weekly - Preliminary injunctions at the UPC – get your defence ready

2024 Week 18 This week we look at a recent UPC first instance decision for a preliminary ...

UPC Weekly - Battling the Biosimilars: opt-outs, preliminary injunctions & protective letters
Matthew Naylor - April 29, 2024

UPC Weekly - Battling the Biosimilars: opt-outs, preliminary injunctions & protective letters

2024 Week 17 This week we delve into the details of the first two UPC disputes involving ...

UPC Weekly - Language of proceedings at the UPC
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 ...

UPC Weekly - Time-dependent transparency of UPC proceedings?
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 ...

UPC Weekly - Mind your costs
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 ...

Public access to UPC proceedings
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 ...

EPO related support measures for small entities – 1 April 2024
Anthony Judd - April 2, 2024

EPO related support measures for small entities – 1 April 2024

INTRODUCTION From 1 April 2024, the EPO are introducing a new fee reduction scheme specifically for ...

Challenging patents and other clearance actions in Europe
Lucy Coe - March 11, 2024

Challenging patents and other clearance actions in Europe

Whether it is to remove a current infringement threat, clear the way to reduce the risk in ...

Updates to the Guidelines for Examination at the EPO
Rebecca Brooks - February 29, 2024

Updates to the Guidelines for Examination at the EPO

The Guidelines for Examination at the EPO (which will be referred to as “the Guidelines” in this ...

EPO will accelerate oppositions when there are parallel UPC infringement or revocation proceedings
Lucy Coe - December 4, 2023

EPO will accelerate oppositions when there are parallel UPC infringement or revocation proceedings

The EPO have announced in the November 2023 Official Journal that they will accelerate opposition ...

UPC at four months old - a review
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 ...

Beware the front-loaded procedure!
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 ...

Meet The Team: Sean Jauss, Partner, Solicitor, Litigator, Head of Legal Services
Sean Jauss - September 13, 2023

Meet The Team: Sean Jauss, Partner, Solicitor, Litigator, Head of Legal Services

As part of our 'meet the team' series, we talk to head of legal and dispute resolution, Sean Jauss, ...

UPC as a forum for SEP disputes – Panasonic kick off proceedings
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 ...

US Supreme Court Upholds Tightening of Patent Enablement Standard
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 ...

Beating the Punch: UPC Protective Letters
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 ...

Litigation in the Unified Patent Court (UPC)
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 ...

UPC Administrative Committee approves Milan as host of the third Central Division court
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 ...

Unified Patent Court (UPC) FAQS – how do we make sure an opt-out request is valid?
Urs Ferber - March 1, 2023

Unified Patent Court (UPC) FAQS – how do we make sure an opt-out request is valid?

The delay of the opening of the Unified Patent Court (UPC) gives us some additional time to reflect ...

Germany completes ratification of UPC agreement, confirming the 1 June 2023 launch date
Eliot Ward - February 17, 2023

Germany completes ratification of UPC agreement, confirming the 1 June 2023 launch date

Months of delay and uncertainty are finally behind us. Germany deposited its ratification of the ...

Unified Patent Court (UPC) FAQS – who is entitled to file an opt-out request?
Urs Ferber - February 13, 2023

Unified Patent Court (UPC) FAQS – who is entitled to file an opt-out request?

The delay of the opening of the Unified Patent Court (UPC) gives us some additional time to reflect ...

Opting out from the UPC – when to opt-out a pending European patent application
Richard Clegg - January 18, 2023

Opting out from the UPC – when to opt-out a pending European patent application

From 1 March 2023, when the Unified Patent Court (UPC) sunrise period starts, it will become ...

European validation strategies for pharmaceutical patents – an update
Julie Carlisle - November 16, 2022

European validation strategies for pharmaceutical patents – an update

In January 2021, we published our Special Report on EP validation strategies for pharmaceutical ...

EPO introduces top-up searches for earlier national rights
Darena Slavova - November 1, 2022

EPO introduces top-up searches for earlier national rights

On 1 September 2022, the EPO introduced an extra “quality check” prior to granting a European ...

UPC: Rules of Procedure finalised and in force
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 ...

Mewburn Ellis launch Validation Costs Estimator Tool
Eliot Ward - September 22, 2022

Mewburn Ellis launch Validation Costs Estimator Tool

We are pleased to launch our new Validation Costs Estimator Tool. We know that it can be ...

Unitary Patent Package - an overview
Eliot Ward - July 19, 2022

Unitary Patent Package - an overview

In this Forward: On Demand vlog, Eliot Ward gives us an overview of the Unitary Patent Package, ...

As the UPC preparatory period begins, the EPO decides to accept UP requests before the full UPC agreement comes into force
Eliot Ward - January 19, 2022

As the UPC preparatory period begins, the EPO decides to accept UP requests before the full UPC agreement comes into force

  On 18 January 2022, Austria became the thirteenth EU country to ratify the “protocol on ...

Austrian parliament unanimously passes legislation to allow the practical preparations for the UPC to begin
Eliot Ward - December 3, 2021

Austrian parliament unanimously passes legislation to allow the practical preparations for the UPC to begin

On 2 December 2021, Austria became the thirteenth EU country to pass the “protocol on provisional ...

UK formally withdraws from the UPC
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 ...

German Constitutional Court Verdict: Stumbling Block or Death Knell for the UPC?
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 ...

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