Category: Unified Patent Court
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New UPC Dusseldorf injunction clarifies irrelevance of licensing talks to proportionality, stresses need to argue obviousness early
In a case involving circulation pumps for heating systems and other use cases, the UPC’s Dusseldorf LD has provided some clarifications of relevance to many other cases.
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UPC Roundup (1 week): CoA reverses PI denial, CD invalidates offside detection patent, Gucci doesn’t infringe Agfa patent, and more
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our April 26, 2025 UPC Roundup. More things happened than the week before. 1. CoA reverses denial of provisional measures (i.e., preliminary injunction) in Insulet v. EOFlow (link to detailed article) U.S. company Insulet now has a 17-country preliminary…
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French court deems public announcement of UPC lawsuit “denigration” of competitor in absence of infringement ruling
Context: Qiagen is suing bioMérieux in the Unified Patent Court’s (UPC) Dusseldorf Local Division (LD) over a product for testing patients for latent tuberculosis (see item 2 of our March 16, 2025 UPC Roundup). Latent tuberculosis can progress to active tuberculosis. The patent-in-suit is EP2726883 (“A cell mediated immune response assay with enhanced sensitivity”). What’s…
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UPC’s Court of Appeal reverses denial of 17-country preliminary injunction in medical device case: Insulet prevails over EOFlow
The UPC’s Court of Appeal has previously upheld and overturned some preliminary injunctions, but like in any other jurisdiction it is difficult to get a denial of a PI reversed on appeal.
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UPC Roundup (1 week): CoA on access to forthcoming documents and use in other proceedings; Paris injunction in laser dispute; and more
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our April 18, 2025 UPC Roundup. This week has been a relatively slow one at the UPC. 1. CoA on third-party access to documents: advance requests and use in other proceedings (link to LinkedIn post) The Court of Appeal…
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Korean laser patent dispute in UPC results in injunction only for France (less coverage than sought); previously, defendant failed to challenge validity
Context: The laser technology dispute between Korean companies Seoul Viosys and Photon Wave in the Unified Patent Court (UPC) has some unusual aspects. Seoul Viosys sued Photon Wave’s France-based distributor Laser Components. Laser Components did not bring a revocation counterclaim, but intervenor Photon Wave (the actual target of the action) did. The Paris Local Division…
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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…
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UPC Roundup (1 week): CoA rejects three out of three motions to stay enforcement, plus numerous first-instance pretrial decisions
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our April 12, 2025 UPC Roundup. This has been a relatively busy week at the UPC in terms of the number of decisions. 1. CoA denies three motions to stay enforcement of injunctions: high hurdle The UPC’s Court of…
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UPC Roundup (1 week): product-by-process claims, laches, BSH applied ever more often, belated addition of prior art reference, and more
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our April 7, 2025 UPC Roundup. Besides various procedural matters, some substantive questions such as product-by-process claims and laches were addressed as well. 1. CoA affirms denial of preliminary objection, allows addition of defendant and two countries, among them…