Category: Unified Patent Court
-
BREAKING: SAP files its first offensive European patent infringement complaint in history, sues rival Celonis at UPC Dusseldorf
For the first time in its history of over half a century, SAP is asserting a European patent against a competitor, and it’s doing so in the UPC.
-
UPC Roundup (1 week): first UK injunction, clarifications on evidence preservation, intermediate generalization, lots of new cases, and more
This is the new structure of our Unified Patent Court Roundup, which is now developing throughout the week. Quick explainer: You get a UPC Roundup of the same structure as always when the week is over, but now you can see it developing during the course of the week, giving you a second option (the…
-
BLACK FRIDAY: Two court orders have marginalized the UK in global patent litigation, and it probably won’t come back short of joining the UPC
OPINION Yesterday will go down in history as the day on which the High Court of Justice for England & Wales (EWHC) and the courts above it lost the largest part of the relevance they used to have in the global patent litigation arena. It took only two orders authored by German judges, both of…
-
BREAKING: Unified Patent Court’s Mannheim Local Division enters first-ever UPC injunction relating to UK: Fujifilm v. Kodak
The Mannheim LD just entered the UPC’s first-ever injunction relating to the UK, after holding a separate hearing to discuss the implications of this.
-
UPC’s Dusseldorf LD hands down preliminary injunction against surgical tool: real (not just default) judgment if party stays away from hearing
The UPC’s Dusseldorf LD has entered a preliminary injunction over a surgical tool that is a landmark ruling in various ways.
-
UPC’s Court of Appeal: lower/distinct urgency and far lower validity standards for evidence preservation than provisional measures
Context: The Unified Patent Court (UPC) routinely orders evidence preservation measures, which can also involve on-site experiments (see item 3 of our May 17, 2025 UPC Roundup). Regarding our coverage of UPC case law development please note that this week we have upgraded our UPC Roundups: you can already see it in the making during…
-
UPC Roundup (1 week): language change in light of cross-border dispute; warns against refusal of AASI service; other decisions and new cases
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our July, 6 2025 UPC Roundup. 1. CoA 1.1 Service-of-process issues in jurisdictions where no UPC judgment has been enforced yet may weigh in favor of security for costs (Chint New Energy Technology & Astronergy v. Jingao Solar)…
-
UPC’s Court of Appeal clarifies standard for default judgment against claimant, enters default judgment against NPE suing Microsoft
Context: A few months ago, the infringement action brought by Finnish non-practicing entity (NPE) Suinno against Microsoft in the Unified Patent Court (UPC) resulted in appellate clarification of the question of whether the owner and general manager may represent a company in the UPC (item 2.1 of our February 15, 2025 UPC Roundup). Regardless of…
-
Xiaomi defeats Atlantic IP NPE Nera in UPC, two German court proceedings on hold over validity issues: defensive winning streak
Context: Xiaomi is frequently sued over patents in Europe, particularly in Germany, because of its significant market share. But it defends itself vigorously, affords first-rate lawyers, and has repeatedly achieved strong results. For example, Xiaomi won the first-ever UK interim patent license last year (October 3, 2024 ip fray article), in a case where the…
-
UPC’s Court of Appeal makes it easier to show that enforcement in given non-EU/EEA country is unduly burdensome
Context: Unified Patent Court (UPC) decisions on whether a defendant is entitled to collateral covering litigation expenses turn can be justified based on the plaintiff’s financial strength and/or potential enforcement difficulties. Some decisions by the Court of First Instance (CFI) reflected a limited degree of skepticism regarding the enforceability of fee-shifting orders in foreign jurisdictions,…