Category: European Patent Office
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UPC Milan LD stays Spanish long-arm infringement claim pending national revocation: a first
The UPC’s Milan LD confirmed long-arm jurisdiction over Spanish distributor Motocard, but stayed the infringement claim for Spain pending a national revocation action, the first such stay by the UPC.
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UPC Munich LD proceeds with expert evidence on infringement despite EPO opposition panel’s revocation decision
The UPC’s Munich Local Division denied a stay of infringement proceedings despite the EPO having revoked the patent.
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Cross-border injunctions “have their place” but can be “big ask”: Sandoz Global Head of IP Julia Pike
There is a place for cross-border injunctions, but in more nuanced cases (such as Regeneron v. Advanz) it’s a “big ask” for one country to take that decision itself on behalf of all those other countries, the company’s Global Head of IP Julia Pike has told ip fray.
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UPC success rate, EPO convergence debate and changing the “status quo”: day one of Patent Litigation Europe
ip fray breaks down the highlights from the first day of the fourth annual Patent Litigation Summit Europe, which featured a full day agenda dedicated to Unified Patent Court Litigation discussions.
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Quantum-related patents increased fivefold in past decade, but high barriers to adoption: OECD-EPO report
While the number of international patent family applications has surged fivefold since 2014, 80% of companies in the sector do not have quantum as their main activity, and Europe faces notable challenges in commercializing its technology.
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UPC CoA: translation of specification presumed accurate if it formed basis of EPO examination; court can decide added matter even without written argument
The UPC’s CoA affirmed the Dusseldorf LD’s finding of invalidity over added matter.
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EPO’s Enlarged Board of Appeal: reproducibility irrelevant to eligibility of sold product as prior art and ability to destroy novelty
Context: The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) made a decision on claim construction last month that aligns its case law with that of the Unified Patent Court’s (UPC) Court of Appeal (CoA) (June 18, 2025 ip fray article). We will continue to report on EBA decisions that we believe…
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European Patent Office aligns with Unified Patent Court on claim construction standard: Enlarged Board of Appeal decision
Today’s decision by a Board of Appeal of the European Patent Office lays out a claim construction standard that is materially consistent with that of the Unified Patent Court’s Court of Appeal.
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UPC Dusseldorf issues first decision on second medical use, hands win to Amgen in cholesterol patent dispute against Sanofi
The Dusseldorf Local Division has clarified how the UPC deals with second medical use in patent infringement proceedings, including considering the extent or significance of the allegedly infringing use, and whether an entity is “positively” or “negatively” influencing a market by encouraging infringement, or preventing a product from being used for patented use.
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Atlas Global at risk of losing four patents-in-suit against defendants including Acer, HP, TP-Link, Vantiva; already lost one definitively
Context: Atlas Global is enforcing WiFi patents acquired from Newracom, an ETRI spinoff, against various device makers in the Unified Patent Court (UPC) and in Germany. Last summer, the Oberlandesgericht München (Munich Higher Regional Court) raised the amount of collateral required for enforcement for €4 million to €26 million in an Atlas v. TP-Link case…