Category: Unified Patent Court
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UPC Roundup (1 week): five CoA decisions, several key first-instance rulings (Spain, purpose statements, exhaustion etc.), new infringement cases
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our August 17, 2025 UPC Roundup. 1. CoA 1.1 CoA: warnings against continued default must be requested during default proceedings, not as post-decision correction (Microsoft v. Suinno) In a recent order (PDF), the Court of Appeal (CoA) clarified…
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Mixed UPC ruling shows upside and downside of purpose statements, limits of patent exhaustion, susceptibility of claim sets
A highly instructive, well-structured 80-page decision by the Munich LD’s second panel sheds light on several interesting questions of patent law.
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UPC CoA judge clarifies standard for preliminary references to ECJ: UPCA, RoP are not EU laws; EU Charter not sufficient for reference
The UPC has to apply EU law, but the UPC Agreement and the UPC’s Rules of Procedure are not part of the Union acquis.
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Dyson wins UPC’s first Spanish injunction: first BSH-based preliminary injunction, first BSH injunction based on anchor defendant
The UPC’s Hamburg LD has granted the UPC’s first-ever Spanish injunction, and the Hague LD affirmed, by panel decision, an order in a different case involving non-UPC countries.
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ETRI files HEVC SEP lawsuit against Hisense with UPC shortly after suing Transsion over same patent
Korea’s ETRI is now enforcing the same HEVC patent against two different Chinese defendants: smartphone maker Transsion as well as TV maker Hisense.
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UPC Roundup (1 week): CoA clarifies two key prerequisites to suspension of enforcement; deposit may be used to offset costs; new cases
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our August 10, 2025 UPC Roundup. 1. CoA 1.1 CoA overturns denial of PI based on different take on imminent infringement (Boehringer Ingelheim v. Zentiva) (link to detailed article) The CoA has overturned a Lisbon LD decision that…
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Boehringer wins nintedanib PI against Zentiva as UPC CoA reverses Lisbon LD on when infringement is imminent, clarifies how to argue national law
Context: Three months ago, the Unified Patent Court’s (UPC) Lisbon Local Division (LD) denied an application for provisional measures (which in some other jurisdictions would be called a motion for a preliminary injunction (PI)) by Boehringer Ingelheim against Zentiva, holding that an infringement did not appear imminent (item 2 of our May 10, 2025 UPC…
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UPC’s Hague LD clarifies reimbursement of costs when infringement claim and revocation counterclaim differ in scope
This decision by the Hague LD in a food waste management case centered on validity. The patent survived only in a form for which no infringement was claimed.
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UPC judge orders record security of €4M for costs, flatly rejects insurance policy as collateral even if issued by EU-based insurer
Judge Pichlmaier of the UPC’s Munich LD has rejected an insurance policy as collateral for costs and ordered a plaintiff to provide a total of €4M (€2M per case).
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Supercomputer firm ParTec files another Unified Patent Court lawsuit against NVIDIA, seeking 18-country injunction
Supercomputer firm ParTec ups the pressure on NVIDIA (and, by extension, Microsoft) by asserting a recently granted unitary patent in the Unified Patent Court.