Category: Unified Patent Court
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UPC’s Court of Appeal clarifies two key questions: new legal arguments on appeal; stay of proceedings over upcoming appealable EPO decision
A single decision by the UPC’s Court of Appeal provides guidance on two questions: new legal arguments are admissible on appeal, and the appeability of an EPO opposition decision does not preclude a stay.
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UPC panels still disagree on whether claim amendments are admissible in PI proceedings: Milan LD throws out auxiliary requests, unconditional amendment
A fundamental and consequential question of law on which there is still uncertainty at the UPC has come up several times: can patent claims be amended in a PI proceeding?
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Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stay
Context: Yesterday, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) surprisingly entered an injunction in Panasonic v. OPPO (for a detailed analysis of the FRAND part of the decision, see this November 22, 2024 ip fray article), a standard-essential patent (SEP) case that had seemingly ceased to be (October 25, 2024 ip fray article)….
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UPC’s Hague LD finds plant-based microbial fuel cell patent infringed not literally, but by equivalence
The Unified Patent Court’s Hague Local Division has found an infringement of a plant-based microbial fuel cell patent not under a literal interpretation of the asserted claims, but by way of equivalence.
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Despite settlement, Mannheim LD grants first-ever UPC FRAND injunction in Panasonic v. OPPO, disagrees with European Commission
The Unified Patent Court’s Mannheim Local Division has decided a Panasonic v. OPPO SEP case despite the fact that the dispute has actually been settled. The judgment raises various questions.
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First Adeia v. Disney UPC case has become discoverable: U.S. licensing firm went to The Hague
The first November filing to show up in the UPC’s public case registry is one of two Adeia v. Disney cases. It is in line with the trend toward more and more filings in The Hague.
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UPC’s Milan LD granted Pirelli two ex parte seizures against rival tire makers at major motorcycle fair
The orders were granted by two different judges on November 5 and immediately executed at a trade show in Milan named EICMA.
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UPC Roundup (2 weeks): more injunctions, more opportunities after opt-out withdrawal, and a case that lasted only one day
This is an update on what has happened in the Unified Patent Court (UPC) in the fortnight since the last such roundup (November 2, 2024 ip fray article). It is fair to say that the number of newsworthy events during the first half of November was relatively low, but the significance of some of them…
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Edwards wins UPC injunction against Meril over prosthetic valve and heart catheter patent upheld by CD Paris
The UPC’s Munich Local Division has granted Edwards Lifesciences an injunction against Meril over a heart catheter patent. Meril’s partly rather resourceful defense strategies did not succeed.
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UPC’s first French patent injunction: HP prevails on one of two patents over distributor LAMA, whose antitrust defense failed
Context: Unified Patent Court (UPC) litigation is still heavily concentrated in Germany, though The Hague is also becoming a major hotspot (November 5, 2024 ip fray article). One of the infringement lawsuits filed with the Paris Local Division (LD) is HP v. LAMA. The printer manufacturer wants to shut down the importation and sale of…