Category: Unified Patent Court
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Think twice before filing in the UPC if you foresee a private-prior-use defense under German law: further Fujifilm v. Kodak analysis
There are opportunities in the UPC, but sometimes there can be a downside. The CoA’s Fujifilm v. Kodak decision lays out a permissive approach to (German) prior use in evidentiary, substantive, and procedural terms.
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UPC Roundup (1 week): security decisions (no SME bonus, parent company doesn’t count); two failed infringement lawsuits; more
This is a summary of developments in and around the UPC in the calendar week of June 1, 2026.
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Neither does the UPC need Spain and Poland — nor vice versa; but Ireland is an unfortunate outlier among non-members
The reluctance of Poland and Spain to join the UPC is overemphasized in the UPC docket distribution debate. Realistically, only some individuals — but not the countries in question — have something to gain from UPC membership.
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UPC grants Samsung two-week extension to comment on court’s proposal for settlement with ZTE, Samsung risks unwillingness finding
Samsung’s request for an extension of time by a full month appeared unreasonable (if not outrageous) to the UPC’s Mannheim LD.
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Podcast: marking UPC’s three-year anniversary with UPC litigator Dr. Wim Maas (Winston Taylor)
In our latest podcast episode, ip fray interviewed Wim Maas, partner and trial attorney at Winston Taylor, who is a very frequent user of the Unified Patent Court.
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UPC CoA lifts Fujifilm’s German, UK injunctions against Kodak over prior use, lack of joint tortfeasorship; $2M contempt fine baseless
The UPC’s Court of Appeal seized the opportunity to provide detailed guidance on various questions of law, particularly long-arm claims.
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The UPC needs to stand united in the face of (hopefully temporary) stagnation, global dynamics, and external threats
The second half of 2026 will show whether the UPC is growing despite the first four months suggesting the opposite. The global patent litigation map is more diverse than ever, and the UPC is facing challenges..
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Munich court orders six months of coercive detention over UPC enforcement gamesmanship in silicone implant patent dispute
The Munich I Regional Court ordered coercive detention for six months against a Polytech managing director after finding the company used its parent as a strawman to block Silimed’s planned UPC enforcement of a disputed patent.
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UPC Roundup (1 week): CoA reverses infringement ruling; extends evidence-production deadline over Chinese export controls; more
This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of May 25, 2026.
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UPC panels should state preliminary views at outset of every hearing: many practitioners are otherwise disinclined to file there
There are various ways in which UPC local divisions with a low case load could attract more cases. An introductory outline of the court’s views at the start of reach hearing is one of them.