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 ...
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 ...
Richard Clegg - May 12, 2025 Mewburn Ellis relocates London office to 8 Bishopsgate, furthering commitment to sustainability and growth We are delighted to announce the relocation of our London office to the landmark eco-friendly tower ...
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 ...
Richard Clegg - May 1, 2025 Top patent litigator Camilla Balleny to head Mewburn Ellis patent litigation team We are delighted to announce that life sciences and healthcare specialist litigator Camilla Balleny ...
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 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 ...
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, ...
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. ...
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 ...
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 ...
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 – ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
Jan Rether - May 2, 2023 Meet The Team: Jan Rether, Partner, Attorney at Law As part of our 'meet the team' series, we talked to Jan Rether, partner in the Munich office, about ...
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.
Maria Hall - October 14, 2022 Robert Watson elected President of FICPI’s Study and Work Committee Partner Robert Watson was elected President of FICPI’s Study and Work Committee (Commission d'Etude ...
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 ...
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 ...
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 ...
Sean Jauss - August 16, 2021 Podcast with Sean Jauss: the litigation lowdown Sean Jauss, Head of Legal Services at Mewburn Ellis, joins Forward Editor Caitlin Mackesy Davies to ...
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 ...
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 ...
Andy King - November 24, 2020 Amazon Pharmacy trade mark battle Amazon’s latest trademark dispute stems from its efforts to launch a new pharmacy service in the ...
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. ...
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 ...
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.
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 ...
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 ...
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 ...
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 - 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 ...
