Category: Unified Patent Court
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UPC Court of Appeal: U.S. bank guarantee doesn’t count as security for litigation expenses, UK insurance policy hard to evaluate
Context: The Unified Patent Court (UPC) enjoys greater wiggle room than some national courts, such as in Germany, with respect to the provision of collateral for litigation expenses (and even more so, at the enforcement stage, though it will take more time for that part to be sorted out). Step by step, the UPC’s Court…
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UPC granted Philips ex parte PI last week to remove presumably patent-infringing toothbrushes from Chinese rival’s IFA trade fair booth
The UPC’s Hamburg Local Division granted Philips an ex parte preliminary injunction against a Chinese competitor in the toothbrush market so as to remove products from the latter’s booth at the IFA trade fair in Berlin.
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UPC roundup: timeliness of adding defendant or request for order to produce; jurisdictional questions; no replacement of TQJ
A summary of various Unified Patent Court orders and decisions from the past three weeks.
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First-ever UPC SEP injunction: Philips prevails over Belkin on Qi wireless charging patent, but there was no FRAND defense for lack of market power
The Unified Patent Court’s Munich Local Division has granted Philips a permanent injunction against Belkin over a Qi (wireless charging) patent.
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Panasonic v. Xiaomi shows need for UPC’s Court of Appeal to harmonize case law on extended deadlines: can pleadings be fragmented?
The Unified Patent Court’s Court of Appeal will sooner or later have to resolve the question of whether the applicable rules allow a fragmentation and desynchronization of pleadings, such as by putting FRAND and technical arguments on different timelines.
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UPC’s Dusseldorf LD denies PI in Novartis v. Celltrion: some preparations for product launch aren’t sufficient for imminent infringement
The UPC’s Dusseldorf LD unsurprisingly denied a preliminary injunction motion by Novartis over Celltrion’s preparations for the launch of a biosimilar.
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Interview with UPC Judge András Kupecz (Munich CD) on multilingual collaboration; joining the bench from private practice; and more
This week, ip fray’s founder interviewed Judge András Kupecz of the Unified Patent Court.
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UPC’s Munich LD grants PI in barcode scanner case, clarifies direct infringement standard, absolute vs. relative prohibition, urgency
The UPC’s Munich Local Division has granted a preliminary injunction in a case involving a software development kit used for barcode scanning, and has spoken out on several important legal questions in that decision.
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UPC Roundup: access to documents, language of proceedings, Ireland, various first-instance and appellate decisions
This is a roundup of roughly two weeks of Unified Patent Court decisions and filings.
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New Huawei v. Netgear filings discovered in Munich and UPC interim conference to take place next week: WiFi 6 SEPs
Huawei has concluded many WiFi 6 licenses without litigation, and has recently settled disputes with Amazon and German router maker AVM. Netgear is facing six WiFi 6 SEP assertions in the UPC and German national courts.