Category: Unified Patent Court
-
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.
-
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…
-
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…
-
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…
-
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…
-
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…
-
UPC Roundup (1 week): another significant injunction, adoption of problem-solution approach in Munich, high-profile settlements, and more
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our March 29, 2025 UPC Roundup. This week has brought various interesting decisions especially by the Mannheim and Munich Local Divisions (LDs) as well as three high-profile settlements and a bunch of new cases. 1. Fujifilm v. Kodak…
-
UPC Munich LD declares problem-solution approach canonical in order to align UPC, EPO case law: second injunction in Edwards v. Meril
Context: Last summer, the Paris seat of the Unified Patent Court’s (UPC) Central Division (CD) upheld an Edwards Lifesciences prosthetic heart valve patent, EP EP3646825 (“A system comprising a prosthetic valve and a delivery catheter”) (July 20, 2024 ip fray article). A few months later, the Munich Local Division (LD) enjoined Meril over EP’825 (November 15,…
-
GSK and Pfizer settle global RSV vaccine patent dispute
The companies announced yesterday that their litigation in the U.S., UK and Unified Patent Court has come to an end, although their dispute over COVID-19 vaccine patent infringement is still pending.