Category: Unified Patent Court
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UPC Roundup (2 weeks): separate fees for appeals of revocation claims and of revocation counterclaims even if jointly decided; other clarifications, new cases
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our June 21, 2025 UPC Roundup. The first week after the previous roundup was slow because of a UPC-internal event we mention further below, which is why we exceptionally extended the roundup period. 1. CoA 1.1 CoA rejects…
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Litigation funders are “central” to class action regime, says UK Competition Appeal Tribunal chairman Hodge Malek KC
“We don’t want to kill off the industry [and] we want the best for everyone, including the funders,” Mr. Malek said at the 2nd Annual LF Dealmakers Europe in London yesterday.
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ITC sides with ASUSTeK in wireless communications patent infringement dispute against Lenovo
The United States International Trade Commission has issued a final determination in a global patent dispute case between Lenovo and ASUSTek, upholding an Administrative Law Judge opinion that found the latter did not infringe three of Lenovo’s wireless communications and diagonal touchpad patents.
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UPC Roundup (1 week): exceptionally busy week brings key clarifications from CoA and CFI on multiple issues; injunctions and more
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our June 14, 2025 UPC Roundup. 1. CoA 1.1 No security deposit requirement for enforcement (Knaus Tabbert v Yellow Sphere) The Court of Appeal (CoA) has dismissed (PDF) Knaus’s objection, upholding an earlier decision that denied the…
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UPC’s Court of Appeal: rehearings will rarely (if ever) happen, and UPC representatives MUST know EPO’s appellate case law
Context: Things have not gone well so far for Alexion Pharmaceuticals’ patent infringement actions against Amgen and Samsung Bioepis. Six months ago, the Unified Patent Court’s (UPC) Court of Appeal (CoA) affirmed (December 23, 2024 ip fray article) the Hamburg Local Division’s (LD) orders denying preliminary injunctions (PIs; officially called “provisional measures” in the UPC)….
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Munich LD gives textbook example of how to address venue competence in UPC disputes involving multiple defendants
For the second panel of the Unified Patent Court’s Munich Local Divison, Judge-rapporteur Dr. Daniel Voß (“Voss”) has rejected a venue-related preliminary objection.
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Samsung brings FRAND claim against ZTE in 4th jurisdiction: counterclaim in Unified Patent Court’s Mannheim Local Division
After bringing standalone FRAND/SEP actions in the UK, Germany and the United States, Samsung has now also brought a FRAND counterclaim in the UPC.
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UPC’s Court of Appeal: defendants never have to provide collateral, not even if they bring revocation counterclaims
The UPC’s Court of Appeal considers a revocation claim merely a part of an infringement defendant’s defense and does not see a basis for requiring security.for costs.
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UPC’s Hamburg LD enters Unitary Patent PI: defendant bears burden on invalidity; new market opportunity is irreparable harm; security not automatic
A new decision by the UPC’s Hamburg LD lays out standards that create opportunities for other patentees seeking preliminary injunctions.
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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.