Category: Unified Patent Court
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UPC Court of Appeal roundup: FRAND disclosures, language of proceedings, parallel national validity proceedings, early-stage objections
Context: This is a roundup of decisions handed down by the Unified Patent Court’s (UPC) Court of Appeal (CoA), and reported by ip fray on LinkedIn, since the prior UPC roundup (September 14, 2024 ip fray article). Note that during that period, ip fray discussed one CoA decision, which dealt with security, in a separate…
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UPC’s Court of Appeal reverses Munich LD, orders U.S.-based non-practicing entity to provide collateral to Volkswagen
The UPC’s Munich Local Division held that a U.S. non-practicing entity did not have to provide security for litigation expenses, but the Court of Appeal has reversed the decision.
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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.