Category: Unified Patent Court
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UPC Roundup (1 week): CoA overturns Paris LD on urgency; res judicata clarified across rulings; FRAND counterclaim dismissed; more
This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of April 27, 2026.
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UPC infringement actions average 13 months, 2025 annual report reveals
The UPC has published its 2025 annual report, which contains statistics on the average times of its cases per case type, highlights the landmark decisions that have shaped its case law so far, and reveals that of the actions pending on December 31, 2025, over 60 involve one or more standard-essential patents.
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Helsinki LD solves part of less-frequented UPC venues’ chicken-and-egg problem
The Helsinki LD adopts the Hague LD’s equivalence standard based on an approach that offers greater predictability for litigants considering smaller UPC venues. AIM lost again.
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Belgian SME keeps Dutch at UPC Brussels LD as CFI president rejects Esko’s bid to switch case to English
The President of the UPC Court of First Instance has refused Esko Software’s push for English, keeping a Brussels patent fight in Dutch.
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Merz wins UPC appeal as CoA overturns Paris LD denial and grants PI against Viatris generic in France
The UPC CoA has reversed the Paris LD’s refusal of interim relief and granted Merz a preliminary injunction against Viatris Santé’s fampridine generic in France.
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UPC Munich LD clarifies res judicata in infringement context and says those negotiating with pool can’t rely on missing infringement notice
The Munich LD clarified that prior judgments do not bar new infringement actions where later-generation products introduce new features, confirmed accessory liability for entities enabling EU market access, and held that prior patent pool negotiations can substitute for a formal infringement notice.
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UPC Roundup (1 week): Hague LD introduces two-step evidence access; PI denied in 3D printing case; FRAND bank guarantee vs. security
This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of April 20, 2026. Like the previous one, it is a relatively long UPC Roundup.
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Disney faces clear and present danger of UPC 11-country HEVC patent injunction in InterDigital case after May 5 & 6 hearing: court document
The UPC Mannheim LD appears unconvinced of Disney’s technical defenses, and even if the court deemed Disney entitled to a FRAND license, an injunction would probably issue.
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UPC CD Paris says expired BASF patent still open to attack, makes own determination of technical problem
The UPC’s CD Paris dismissed Huntsman’s revocation action against BASF’s expired EP1516720, confirming that expired patents may still be challenged where past-damage exposure remains live.